Criminal Procedure

Sir John Baker

in The Oxford History of the Laws of England

Published in print September 2003 | ISBN: 9780198258179
Published online March 2012 | e-ISBN: 9780191681806 | DOI:

Series: The Oxford History of the Laws of England Series isbn 0-19-961352-4

Criminal Procedure

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This chapter examines the criminal procedure in England during the Tudor period. During this period, miscarriages of justice were regarded with particular horror because punishment for murder and felony was death. Some historians and contemporaries considered the severity of the English legal system as inherently barbarous without regard for the value of human life. This chapter argues that such was not the case during this period. It explains that felons could be saved clergy, pardons, sanctuary, and the jury system itself. In addition, the penal system tended to permit the indiscriminate discharge of the guilty because of the absence of a power of discretionary sentencing.

Keywords: criminal procedure; capital punishment; penal system; sentencing; judicial procedure; felony; murder; death

Chapter.  7081 words. 

Subjects: History of Law

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