Providing an easily accessible source for students studying the law of evidence, this title fulfils the roles of both textbook and materials book, containing extracts from key cases and published articles.
In recent years, much has been published on women, crime and justice in English history. However, for a variety of reasons, particularly the ready availability of source material for the capital, such research has tended to have an overwhelmingly Metropolitan focus. This book aims to redress the balance for the ‘long’ eighteenth century by concentrating on women from outside the London area. Although vitally important to the wider country, the Metropolis always contained a small minority of the country’s female offenders and defendants, albeit a significantly higher percentage of the latter than its share of the national population. The capital also had a rather different criminal justice and policing system to that found in the rest of the country at this time. The book focuses on women’s experiences in provincial England as both the perpetrators of various crimes and as suspects or defendants in the country’s criminal justice system. The areas considered range from the West Country to the Scottish Border, and the offences examined include all of the major crimes, such as murder and theft, as well as some more arcane forms of deviance, including arson and coining. The factors that prompted women to offend, their likelihood of exposure when they did so, and their treatment before the courts and in the penal system are all considered in detail. In particular, the book examines the gendered differences found in female crime when compared to that of their male counterparts, and how women’s experiences of the era’s justice system differed from those of men. It also compares provincial women to those found in the Metropolis in these respects. Extensive use is made of primary sources in portraying the lives of female criminals from Kent to Cumberland, while comparison is also made with women from other parts of the British Isles and beyond, so that the respective roles of structural determinants and national ‘culture’ in crime and justice can be considered.
Since the Financial Crisis of 2008, criminal prosecution has moved to centre-stage as the Financial Conduct Authority’s preferred means of punishing and deterring insider dealing (the illegal practice of trading with access to sensitive non-public information). The Little Book of Insider Dealing looks at all aspects of the ‘insider’ offences established by the Criminal Justice Act 1993, including their history, punishment and rationale, as well as their (slightly uneasy) relationship with the overlapping civil regulatory regime that also governs such financial misconduct. Topics covered also include: detection, compliance, surveillance, suspicion, reporting obligations, enforcement and (civil and criminal) penalties and warnings, plus there is a strong focus on evidential aspects and a wealth of examples from real life cases. Suitable for beginners and practitioners alike. The first concise treatment and highly topical. A gem that deals with wide scale problems and complexities identified by an article in The Times (see Chapter 1).
A new work on Crime and Punishment in East Anglia (and elsewhere) during the eighteenth century. It was a time of highwaymen, footpads and desperate petty offenders, draconian penalties, extremes of wealth and poverty, corruption and rough and emerging forms of justice. The contents include justices of the peace, policing, crimes, courts and judges as well as such matters as summary trial and disposal, jury trial, execution (and reprieve), a variety of offences including murder (and other homicides), violence and sexual offences, smuggling, poaching, property crimes, riots and disturbances. The book also looks at the various hierarchies that existed whether social, legal, judicial, religious, military or otherwise so as to exert a variety of social controls at a time of relative lawlessness. A fascinating and statistically absorbing account of crimes, responses and penal outcomes of the era. Neither a micro-history in the context of a parish, hundred, or small town nor national account, but a more unusual criminal justice history of a major English region with its own correlation with London and the rest of England in addition to its local differences and ‘quirks’.
The growth in England and Britain’s merchant marine from the medieval period onwards meant that an increasing number of criminal offences were committed on or against the country’s vessels while they were at sea. Between 1536 and 1834, such crimes were determined at the Admiralty Sessions if brought to trial. This was a special part of the wider Admiralty Court, which, unlike the other forums in that tribunal, used English common law procedure rather than Roman civil law to try its cases. To a modest extent, this produced a ‘hybrid’ court, dominated by the common law but influenced by aspects of Europe’s other major legal tradition. The Admiralty Sessions also had their own (highly singular) regime for executing convicts, used the Marshalsea prison to hold their suspects and displayed the Admiralty Court’s ceremonial silver oar at their hearings and hangings. During the near three centuries of its existence, the Admiralty Sessions faced enormous legal and logistical problems. The crimes they tried might occur thousands of miles and months of sailing time away from England. Assembling evidence that would ‘stand up’ in front of a jury was a constant challenge, not least because of the peripatetic lives of the seafarers who provided most of their witnesses. The forum’s relationship with terrestrial criminal courts in England was often difficult and the demarcation between their respective jurisdictions was complicated and subject to change. Despite all of these problems, the court experienced significant successes, as well as notable failures, in its battle to deal with a litany of serious maritime crimes, ranging from piracy to murder at sea. It also spawned a series of Vice-Admiralty Courts in English and British colonies around the world. This book documents the origins, development and abolition of the Admiralty Sessions. It discusses all of the major crimes that were determined by the forum, and examines some of the more arcane and unusual offences that ended up there. Some of the unusual challenges presented by the maritime environment, whether the impossibility of preserving dead bodies at sea, the extensive power given to captains to physically punish sailors, the difficulty of securing suspects in small vessels, or the often gruesome problems occasioned by the marginal legal status of slaves, are also considered in detail.
A huge work of reference. A fresh perspective on a crucial time for courts, policing and punishment. Shows how individuals, concerned parties and vested interests drove many of the era's developments. A colourful account, which captures the essence of the period. Running to nearly 700 pages, this comprehensive work on the development of summary jurisdiction, early policing and the emergence of London's embryonic modern criminal justice system looks at every aspect of these topics from numerous perspectives and across the eighteenth century. The 'whores' and 'highwaymen' of Gregory Durston's title are just some of the dubious characters met within this absorbing work, including thief-takers, trading justices, an upstart legal profession whose lower orders developed various ways to line their own pockets and magistrates and clerks who often preferred dealing with those cases which attracted fees. The book shows how little was planned by government or the authorities, and how much sprang up due to the efforts of individuals-so that the origins of social control, particularly at a local level, had much to do with personal ideas of morality, class boundaries and perceived threats, serious and otherwise. Based on news reports, Old Bailey and local archives, and other solid records the book weaves a compelling picture of a critical time in English history, through the voices of contemporary observers as well as the best of writings by experts ever since. At its broadest point, the book spans the period from the Glorious Revolution to the early 1820s. It falls into three parts: Crime and the Metropolis-including Metropolitan crime, attitudes to crime and policing, explanations for crime, and criminal law and procedure. Policing-including policing the metropolis, constables, the watch, beadles, the role of the military, and the detection of crime. Justice-including the magistracy and its work, ways of prosecution, trial in the lower and higher courts, and the penal regimes of the day. Whores and Highwaymen concentrates on the Metropolis but also compares other parts of England and Wales. Author Gregory Durston MA, DipL, LLM, PhD, of the Middle Temple and Lincoln's Inn, Barrister, studied history for his first degree before turning to the law. He is currently Reader in Law at Kingston University.
This is the first book-length study of the crucial relationship between sport and the political and imaginative literature of Renaissance England. In the sixteenth and seventeenth centuries, educators, medical practitioners, and military scientists were among the many contemporaries who praised sport as necessary and functional - physiologically beneficial to the individual practitioner, vital to the preparedness of the military, and necessary to the maintenance of traditional class hierarchy. Sport's significance in the period is perhaps best registered by its literal and metaphorical centrality in such popular works of literature as Shakespeare's histories, Walton's Compleat Angler, and Milton's Samson Agonistes, as well as its prominence in ecclesiastical and secular legislation and polemics. By reconstructing a cultural history of sport and investigating representations of it in contemporary prose, poetry, and drama, the book demonstrates sport's pivotal position in the interlocking spheres of Renaissance science, politics, and art. Gregory M. Colon Semenza is Assistant Professor of English at the University of Connecticut.
In the first detailed study of its kind, James Gregory's book takes a historical approach to mercy by focusing on widespread and varied discussions about the quality, virtue or feeling of mercy in the British world during Victoria's reign. Gregory covers an impressive range of themes from the gendered discourses of 'emotional' appeal surrounding Queen Victoria to the exercise and withholding of royal mercy in the wake of colonial rebellion throughout the British empire. Against the backdrop of major events and their historical significance, a masterful synthesis of rich source material is analysed, including visual depictions (paintings and cartoons in periodicals and popular literature) and literary ones (in sermons, novels, plays and poetry). Gregory's sophisticated analysis of the multiple meanings, uses and operations of royal mercy duly emphasise its significance as a major theme in British cultural history during the 'long 19th century'. This will be essential reading for those interested in the history of mercy, the history of gender, British social and cultural history and the legacy of Queen Victoria's reign.
Exploiting Erasmus examines the legacy of Erasmus in England from the mid-sixteenth century to the overthrow of James II in 1688 and studies the various ways in which his works were received, manipulated, and used in religious controversies that threatened both church and state.
They had more in common than just a scream, whether they faced Dracula, Frankenstein's Monster, the Mummy, Dr. Jekyll, Mr. Hyde, King Kong, the Wolf Man, or any of the other legendary Hollywood monsters. Some were even monsters themselves, such as Elsa Lanchester as the Bride, and Gloria Holden as Dracula's Daughter. And while evading the Strangler of the Swamp, former Miss America Rosemary La Planche is allowed to rescue her leading man. This book provides details about the lives and careers of 21 of these cinematic leading ladies, femmes fatales, monsters, and misfits, putting into perspective their contributions to the films and folklore of Hollywood terror--and also the sexual harassment, exploitation, and genuine danger they faced on the job. Veteran actress Virginia Christine recalls Universal burying her alive in a backlot swamp in full "mummy" makeup for the resurrection scene in The Mummy's Curse--and how the studio saved that scene for the last day in case she suffocated. Filled with anecdotes and recollections, many of the entries are based on original interviews, and there are numerous old photographs and movie stills.
Historical GIS is an emerging field that uses Geographical Information Systems (GIS) to research the geographies of the past. Ian Gregory and Paul Ell's study, first published in 2007, comprehensively defines this field, exploring all aspects of using GIS in historical research. A GIS is a form of database in which every item of data is linked to a spatial location. This technology offers unparalleled opportunities to add insight and rejuvenate historical research through the ability to identify and use the geographical characteristics of data. Historical GIS introduces the basic concepts and tools underpinning GIS technology, describing and critically assessing the visualisation, analytical and e-science methodologies that it enables and examining key scholarship where GIS has been used to enhance research debates. The result is a clear agenda charting how GIS will develop as one of the most important approaches to scholarship in historical geography.
Providing an easily accessible source for students studying the law of evidence, this title fulfils the roles of both textbook and materials book, containing extracts from key cases and published articles.
In this welcome addition to his Crime History Series, Gregory Durston points to the lack of design and short-term expediency that typified Tudor law and order. But he also detects an emergent criminal justice system amidst royal patronage, protection, and the influence of wealthy magnates. Students of English history will have heard how benefit of clergy and the ‘neck verse’ might avoid a hanging, but what of other stratagems such as down-valuing stolen goods, cruentation, chance medley, pious perjury or John at Death (a non-existent culprit blamed by the accused and treated by juries as real); all devices used to mitigate the all-pervading death-for-felony rule. Together with other artifices deployed by courts to circumvent black-letter law the author also describes how poor, marginalised and illiterate citizens were those most likely to suffer unfairness, injustice and draconian punishment. He also describes the political intrigue and widescale corruption that were symptomatic of the era, alongside such diverse aspects as forfeiture of property, evidential ploys, the rise of the highwayman, religious persecution, witchcraft and infanticide crazes. At a time of shifting allegiances?—?and as Crown, church, judges, magistrates and officials wrestled over jurisdiction, central or local control, ‘ungodly customs’, laws of convenience or malleable definitions?—?never perhaps were facts or law so expertly engineered to justify or defend often curious outcomes. Part of Durston’s Crime History Series. Covers the entire Tudor era. Based on first-hand historical research. Fully referenced to hundreds of sources.
As the author notes, ‘The early-modern European witch-hunts were neither orchestrated massacres nor spontaneous pogroms. Alleged witches were not rounded up at night and summarily killed extra-judicially or lynched as the victims of mob justice. They were executed after trial and conviction with full legal process’. In this concise but highly-informed account of the persecution of witches Gregory Durston demonstrates what a largely ordered process was the singling-out or hunting-down of perceived offenders. How a mix of superstition, fear, belief and ready explanations for ailments, misfortune or disasters caused law, politics and religion to indulge in criminalisation and the appearance of justice. Bearing echoes of modern-day ‘othering’ and marginalisation of outsiders he shows how witchcraft became akin to treason (with its special rules), how evidentially speaking storms, sickness or coincidence might be attributed to conjuring, magic, curses and spells. All this reinforced by examples and detailed references to the law and practice through which a desired outcome was achieved. In another resonance with modern times, the author shows how decisions were often diverted into the hands of witch-hunters, witch-finders (including self-appointed Witchfinder General, Matthew Hopkins), witch-prickers and other experts as well as the quaintly titled ‘cunning-folk’ consulted by prosecutors and ‘victims’. Crimen Exceptum (crimes apart). A straightforward and authoritative guide. Shows the rise and fall of prosecutions. Backed by a wealth of learning and research. Extract ‘A range of specialist tests developed to establish that a suspect truly was a witch. These included “swimming”, “pricking” … identifying a witch’s teat, requiring her to recite the Lord’s Prayer or other well-known passage of scripture … and any positive results obtained from the various techniques, such as scratching a suspect or boiling a victim’s urine … to break a spell or to identify who had cast it.’ Review 'An excellent overall history of English witch trials replete with fascinating examples drawn from pamphlets and trial records. The book is written in fluid prose, understandable to the legal layperson. I cannot recommend Crimen Exceptum highly enough to anyone interested in the factual background to witchcraft prosecutions in England.'-- Catherine Meyrick, author of historical fiction.
Through the use of activity labs and logs, 'Concepts of Physical Fitness' provides readers with the self-management skills necessary to adopt a healthy lifestyle.
As the author notes, ‘The early-modern European witch-hunts were neither orchestrated massacres nor spontaneous pogroms. Alleged witches were not rounded up at night and summarily killed extra-judicially or lynched as the victims of mob justice. They were executed after trial and conviction with full legal process’. In this concise but highly-informed account of the persecution of witches Gregory Durston demonstrates what a largely ordered process was the singling-out or hunting-down of perceived offenders. How a mix of superstition, fear, belief and ready explanations for ailments, misfortune or disasters caused law, politics and religion to indulge in criminalisation and the appearance of justice. Bearing echoes of modern-day ‘othering’ and marginalisation of outsiders he shows how witchcraft became akin to treason (with its special rules), how evidentially speaking storms, sickness or coincidence might be attributed to conjuring, magic, curses and spells. All this reinforced by examples and detailed references to the law and practice through which a desired outcome was achieved. In another resonance with modern times, the author shows how decisions were often diverted into the hands of witch-hunters, witch-finders (including self-appointed Witchfinder General, Matthew Hopkins), witch-prickers and other experts as well as the quaintly titled ‘cunning-folk’ consulted by prosecutors and ‘victims’. Crimen Exceptum (crimes apart). A straightforward and authoritative guide. Shows the rise and fall of prosecutions. Backed by a wealth of learning and research. Extract ‘A range of specialist tests developed to establish that a suspect truly was a witch. These included “swimming”, “pricking” … identifying a witch’s teat, requiring her to recite the Lord’s Prayer or other well-known passage of scripture … and any positive results obtained from the various techniques, such as scratching a suspect or boiling a victim’s urine … to break a spell or to identify who had cast it.’ Review 'An excellent overall history of English witch trials replete with fascinating examples drawn from pamphlets and trial records. The book is written in fluid prose, understandable to the legal layperson. I cannot recommend Crimen Exceptum highly enough to anyone interested in the factual background to witchcraft prosecutions in England.'-- Catherine Meyrick, author of historical fiction.
In this welcome addition to his Crime History Series, Gregory Durston points to the lack of design and short-term expediency that typified Tudor law and order. But he also detects an emergent criminal justice system amidst royal patronage, protection, and the influence of wealthy magnates.
In recent years, much has been published on women, crime and justice in English history. However, for a variety of reasons, particularly the ready availability of source material for the capital, such research has tended to have an overwhelmingly Metropolitan focus. This book aims to redress the balance for the ‘long’ eighteenth century by concentrating on women from outside the London area. Although vitally important to the wider country, the Metropolis always contained a small minority of the country’s female offenders and defendants, albeit a significantly higher percentage of the latter than its share of the national population. The capital also had a rather different criminal justice and policing system to that found in the rest of the country at this time. The book focuses on women’s experiences in provincial England as both the perpetrators of various crimes and as suspects or defendants in the country’s criminal justice system. The areas considered range from the West Country to the Scottish Border, and the offences examined include all of the major crimes, such as murder and theft, as well as some more arcane forms of deviance, including arson and coining. The factors that prompted women to offend, their likelihood of exposure when they did so, and their treatment before the courts and in the penal system are all considered in detail. In particular, the book examines the gendered differences found in female crime when compared to that of their male counterparts, and how women’s experiences of the era’s justice system differed from those of men. It also compares provincial women to those found in the Metropolis in these respects. Extensive use is made of primary sources in portraying the lives of female criminals from Kent to Cumberland, while comparison is also made with women from other parts of the British Isles and beyond, so that the respective roles of structural determinants and national ‘culture’ in crime and justice can be considered.
The whores and highwaymen of Gregory Durstons title are just some of the dubious characters met within this absorbing work, including thief-takers, trading justices, an upstart legal profession whose lower orders developed various ways to line their own pockets and magistrates and clerks who often preferred dealing with those cases which attracted fees. The book shows how little was planned by government or the authorities, and how much sprang up due to the efforts of individualsso that the origins of social control, particularly at a local level, had much to do with personal ideas of morality, class boundaries and perceived threats, serious and otherwise. Based on news reports, Old Bailey and local archives, and other solid records the book weaves a compelling picture of a critical time in English history, through the voices of contemporary observers as well as the best of writings by experts ever since. At its broadest point, the book spans the period from the Glorious Revolution to the early 1820s. It falls into three parts: Crime and the Metropolisincluding Metropolitan crime, attitudes to crime and policing, explanations for crime, and criminal law and procedure. Policingincluding policing the metropolis, constables, the watch, beadles, the role of the military, and the detection of crime. Justiceincluding the magistracy and its work, ways of prosecution, trial in the lower and higher courts, and the penal regimes of the day. A colourful account, which captures the essence of the period.
A new work on Crime and Punishment in East Anglia (and elsewhere) during the eighteenth century. It was a time of highwaymen, footpads and desperate petty offenders, draconian penalties, extremes of wealth and poverty, corruption and rough and emerging forms of justice. The contents include justices of the peace, policing, crimes, courts and judges as well as such matters as summary trial and disposal, jury trial, execution (and reprieve), a variety of offences including murder (and other homicides), violence and sexual offences, smuggling, poaching, property crimes, riots and disturbances. The book also looks at the various hierarchies that existed whether social, legal, judicial, religious, military or otherwise so as to exert a variety of social controls at a time of relative lawlessness. A fascinating and statistically absorbing account of crimes, responses and penal outcomes of the era. Neither a micro-history in the context of a parish, hundred, or small town nor national account, but a more unusual criminal justice history of a major English region with its own correlation with London and the rest of England in addition to its local differences and ‘quirks’.
The growth in England and Britain's merchant marine from the medieval period onwards meant that an increasing number of criminal offences were committed on or against the country's vessels while they were at sea. Between 1536 and 1834, such crimes were determined at the Admiralty Sessions if brought to trial. This was a special part of the wider Admiralty Court, which, unlike the other forums in that tribunal, used English common law procedure rather than Roman civil law to try its cases. To a modest extent, this produced a 'hybrid' court, dominated by the common law but influenced by aspects of Europe's other major legal tradition. The Admiralty Sessions also had their own (highly singular) regime for executing convicts, used the Marshalsea prison to hold their suspects and displayed the Admiralty Court's ceremonial silver oar at their hearings and hangings.During the near three centuries of its existence, the Admiralty Sessions faced enormous legal and logistical problems. The crimes they tried might occur thousands of miles and months of sailing time away from England. Assembling evidence that would 'stand up' in front of a jury was a constant challenge, not least because of the peripatetic lives of the seafarers who provided most of their witnesses. The forum's relationship with terrestrial criminal courts in England was often difficult and the demarcation between their respective jurisdictions was complicated and subject to change. Despite all of these problems, the court experienced significant successes, as well as notable failures, in its battle to deal with a litany of serious maritime crimes, ranging from piracy to murder at sea. It also spawned a series of Vice-Admiralty Courts in English and British colonies around the world.This book documents the origins, development and abolition of the Admiralty Sessions. It discusses all of the major crimes that were determined by the forum, and examines some of the more arcane and unusual offences that ended up there. Some of the unusual challenges presented by the maritime environment, whether the impossibility of preserving dead bodies at sea, the extensive power given to captains to physically punish sailors, the difficulty of securing suspects in small vessels, or the often gruesome problems occasioned by the marginal legal status of slaves, are also considered in detail.
Since the Financial Crisis of 2008, criminal prosecution has moved to centre-stage as the Financial Conduct Authority’s preferred means of punishing and deterring insider dealing (the illegal practice of trading with access to sensitive non-public information). The Little Book of Insider Dealing looks at all aspects of the ‘insider’ offences established by the Criminal Justice Act 1993, including their history, punishment and rationale, as well as their (slightly uneasy) relationship with the overlapping civil regulatory regime that also governs such financial misconduct. Topics covered also include: detection, compliance, surveillance, suspicion, reporting obligations, enforcement and (civil and criminal) penalties and warnings, plus there is a strong focus on evidential aspects and a wealth of examples from real life cases. Suitable for beginners and practitioners alike. The first concise treatment and highly topical. A gem that deals with wide scale problems and complexities identified by an article in The Times (see Chapter 1).
The early decades of the nineteenth century witnessed an apparent deterioration in public order and security in the London area. This continued to worsen until the middle of the century. During this period, the Metropolitan Police was established, ostensibly transforming policing in the capital. By the 1860s, crime seemed to be falling rapidly and continued to do so until the end of the century, so that it was no longer normally a subject that occasioned acute political concern. This book examines the reality of crime levels within the Metropolis, the extent to which they differed from public perception, and the manner in which they changed over time. It considers how the police might have had an impact on public security after 1829, the use of the ‘broken windows’ paradigm for crime control in an historical context, and the extent to which the police can take credit for the post-1860 improvement in offending levels and order. However, it also discusses other factors, both economic and social, that might explain these developments. At the same time, the book charts the general history and development of urban policing in London during the nineteenth century, the complicated and sometimes competing mixture of political and financial concerns, operational priorities, public and ‘expert’ opinion that it reflected, and the controversies that it engendered. In particular, it discusses the ‘traditional’ form of policing that was replaced in 1829, and why this occurred; the importance of foot patrol to the new force, with its strengths and weaknesses; the re-emergence of detective policing; and the legal powers and judicial support available to officers in the capital. Very importantly, this study also considers the problems thrown up by the new style of policing, its potential for abuse, and the public resistance that this sometimes encouraged.
Market manipulation comes in many forms. For a wrong that some say started life with groups of men dressed in Bourbon uniforms spreading false information in cod French accents, the speed of change has accelerated dramatically in the modern era, via the Internet, novel forms of electronic communication, ultra-fast computer-generated trading, new types of financial instruments, and increased globalisation. This means that opportunities for carrying-out new forms of manipulation now exist on an exponential scale. Looks at the mechanisms, criminal and civil, to confront market manipulation, its enforcement regimes, legal and evidential rules and potential loopholes. Shows how every individual involved in market transactions can fall foul of the law if they do not ensure integrity in their dealings. The ‘tricks’ used by those seeking to benefit from this special category of fraud and the relationship of dedicated provisions to the general law is outlined, with key statutory provisions set out in an appendix. A valuable accompaniment to The Little Book of Insider Dealing (Waterside Press, 2018). An invaluable pocket guide and law primer. An essential guide for investors. With practical examples and decided cases. An up-to-date treatment of a fast-moving topic. Describes both criminal and regulatory regimes. Contents include Forms of Market Manipulation; Suspicion, Identification, Detection and Investigation; Obligations and Enforcement; Criminal Offences, Defences and Punishment; Regulatory Provisions and Penalties; Evidence; Acronyms; Select Bibliography; Key Statutory Provisions and Index.
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