CRIME AND SOCIETY, LECTURE 3: POLICING AND PROSECUTION

Next Week’s reading  Andrea McKenzie, ‘Martyrs in Low Life? Dying “Game” in Augustan England’, Journal of British Studies, Vol. 42 (2003),

Outline of the lecture  Catching Culprits  Duties of the constable  Duties of the Justice of the Peace (JP)  Trial  Juries  Judges  The Defendant

The Criminal and the Victim 4

The Hue and Cry

Wavertree & Barley Lock-ups (Cages)

The Constables  Unpaid position  Chosen by fellow parishioners  Came from respectable sections of the local community  Often literate and numerate  Role subject to conflict  Balancing act between centre & locality  Responsible for executing warrants issued by JPs and arresting anyone guilty of a crime  Had a general responsibility to keep the peace but were not expected to investigate crime

Was the constable efficient?  Traditional view of constables was unfavourable BUT…  Probably reasonably efficient and when they were not it was not always down to slackness or incompetence  Operating under coercion and threat from local criminals

The Watchman 9

Jonathan Wilde, thief-taker,

The Bow Street Runners  Attached to Bow Street Magistrates court  Paid from central funds  Founded by Henry Fielding 1749  Served writs & arrested offenders

Justice of the Peace  Generally from the upper echelons of society -unpaid and could be time-consuming  Appointed by the monarch but nominated by friends or influential acquaintances  In minor dispute, the JP could arbitrate  If the case warranted indictment but the suspect was not considered dangerous he or she would be bound over in recognisance (on bail)  If dangerous, then the suspect was jailed

The Grand Jury  Before the trial took place, the case was assessed by a grand jury  Made up of 12 or more freeholder men, usually drawn from the lower strata of the gentry  Had to reach a majority decision of 12+  Bill of Indictment - ‘true’ or ignoramus (not found)

The Petty Jury  Less prestige attached to being a petty juror  Meant to be composed of 12 freeholder men but by the 17 th century most petty juries were ad hoc affairs

Judges  In control of all court proceedings  In theory the most knowledgeable criminal mind in the court – follow strict letter of law  Jury decided guilt but the judge had considerable influence over the decision-making processes of the jury  Judge could intimidate juries & dismiss cases on the flimsiest of technicalities

The Trial

Verdict and Judgement

Conclusion  Where are the women in all of this?  Nature of authority relationships in period  Possible conflict community & constable  JPs & Judges serve the community or central government?  Were trials fair?  Justice in peoples’ hands or not?