Basic Criminal Law: The United States Constitution, Procedure and Crimes Anniken U. Davenport ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Basic Criminal Law: The United States Constitution, Procedure and Crimes Anniken U. Davenport

©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Chapter 3 The Colonial Period's Influence on American Criminal Law UNIT ONE: THE HISTORY OF CRIMINAL LAW

Basic Criminal Law: The United States Constitution, Procedure and Crimes Anniken U. Davenport ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ  New England The Mayflower Compact (1620)  “We, whose names are underwritten, …doe, by these presents, solemnly and mutually in the presence of God and one another, covenant and combine ourselves together into a civil body politick”. The Massachusetts colony was founded by Puritans, who sought to establish a society in line with their religious beliefs. The laws of colonial Massachusetts reflected a firm belief in the due process of law. The Puritans had 13 capital crimes on the books. Each was based on an Old Testament passage. Capital punishment was carried out either by burning at the stake or by hanging. Convicted criminals were forced to wear a letter indicative of their crime; for example, A for adultery, B for burglary or blasphemy, C for counterfeiting, and so on.

Basic Criminal Law: The United States Constitution, Procedure and Crimes Anniken U. Davenport ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ  The Middle Atlantic Colonies The Quakers were another sect who came to America to establish a colony based on their religious beliefs. In England, the Quakers were often imprisoned and tortured for their refusal to submit to the Anglican Church. Their property was also seized. This experience gave the Quakers a deep belief in the separation of church and state, the right to freedom of religion, and an appreciation for the rights of the accused. The Quakers’ goal was one of rehabilitation as opposed to punishment. The Quakers only had two capital offenses, treason and premeditated murder. Prison sentences were generally short, and very humane.

Basic Criminal Law: The United States Constitution, Procedure and Crimes Anniken U. Davenport ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ  The Chesapeake Bay Colonies The Chesapeake Bay Colonies of Maryland and Virginia were settled by Englishmen who were supporters of the king. Tobacco was the mainstay of the Chesapeake Bay Colonies’ economy. A small elite of landed gentry led the colonies and wrote the criminal laws. The Chesapeake Colonies, class distinctions were much more obvious than in other American Colonies. A gentleman accused of a capital offense was often allowed to read a verse from the Bible. Common criminals convicted of capital offenses were carried to the gallows in a cart. Sheriffs were appointed by the landed gentry to enforce the laws in each county. Capital punishment was clearly used as a deterrent to crime in the Chesapeake Colonies.

Basic Criminal Law: The United States Constitution, Procedure and Crimes Anniken U. Davenport ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ  The Carolinas and Georgia The Southern colonies had few formal legal institutions during the colonial period. The plantations could only be profitable with slave labor. The legal system soon reflected the need of the white planters to control their black slaves. Local sheriffs and court officials held more influence in the South than they did in the North.  American Independence The Declaration of Independence  We hold these truths to be self-evident that all men are created equal, that they are endowed by the Creator with certain unalienable rights, that among these are life, liberty, and the pursuit of happiness.

Basic Criminal Law: The United States Constitution, Procedure and Crimes Anniken U. Davenport ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ  The 13 colonies declared themselves free and independent states in 1776 with the signing of the Declaration of Independence.  The members of the Continental Congress were all relatively prosperous landowners who felt they were entitled to the same rights that the English nobility had wrested from the crown.  Rights to life, liberty, and property would become the basis for the American legal system. They would be viewed as God-given rights, rights that no government should be able to take away.