American Policy British Politics: Whole of Life Imprisonment and Transatlantic Influence

Since the abolition of the death penalty, life imprisonment in England and Wales has had a literal meaning with exceptional rarity. Now though, in the rejection of perceived interference by the European Court of Human Rights in domestic sentencing, the politics of whole of life imprisonment have become exposed, specifically, in the widening applicability of the tariff to those who kill police officers or prison guards. Borrowing from the politics of capital punishment in the USA, in both ‘acting out’ after a particular crime, and the prioritising of victim groups, the most severe penalty in England and Wales is increasingly beginning to mirror how the most severe punishment across the Atlantic is used, represented, and politicised

Accused of an "abominable crime": punishing homosexual blackmail threats in London, 1723–1823

For much of the eighteenth- and early nineteenth-century, the criminal justice system in the United Kingdom operated under “the Bloody Code” in which more than 200 crimes were punishable by death. Despite the apparent severity of this punitive system, the laws around extortion during this period were ambiguous and unclear. Drawing on records from London’s Old Bailey over the century from 1723 to 1823, this research examines the specific offence of threatening to accuse a person of criminalised homosexual acts for the purposes of extortion. Drawing on a range of cases in London over a century, this research examines the varying judicial treatment of crimes committed in person versus extortion conducted in written form — a major distinction under the conditions of the Bloody Code. It highlights the inconsistency in the application of the law, as well as presenting potential explanations as to why similar crimes were punished so differently in Georgian Britain. Based on case file analysis, it comes to an intriguing conclusion about how these cases were handled by the Old Bailey, coming to the conclusion that sentences for homosexual extortion attempts were often mitigated in cases where there was a question as to whether the victim was, in reality, a gay man. This conclusion has serious implications for our understanding of the nexus between homosexuality and the English legal system in this complex period

The ‘Great Decarceration’: Historical Trends and Future Possibilities

During the 19th Century, hundreds of thousands of people were caught up in what Foucault famously referred to as the ‘great confinement’, or ‘great incarceration’, spanning reformatories, prisons, asylums, and more. Levels of institutional incarceration increased dramatically across many parts of Europe and the wider world through the expansion of provision for those defined as socially marginal, deviant, or destitute. While this trend has been the focus of many historical studies, much less attention has been paid to the dynamics of ‘the great decarceration’ that followed for much of the early‐ to mid‐20th Century. This article opens with an overview of these early decarceration trends in the English adult and youth justice systems and suggests why these came to an end from the 1940s onwards. It then explores parallels with marked decarceration trends today, notably in youth justice, and suggests how these might be expedited, extended, and protected

Empirical Legal Studies Before 1940: A Bibliographic Essay

The modern empirical legal studies movement has well-known antecedents in the law and society and law and economics traditions of the latter half of the 20th century. Less well known is the body of empirical research on legal phenomena from the period prior to World War II. This paper is an extensive bibliographic essay that surveys the English language empirical legal research from approximately 1940 and earlier. The essay is arranged around the themes in the research: criminal justice, civil justice (general studies of civil litigation, auto accident litigation and compensation, divorce, small claims, jurisdiction and procedure, civil juries), debt and bankruptcy, banking, appellate courts, legal needs, legal profession (including legal education), and judicial staffing and selection. Accompanying the essay is an extensive bibliography of research articles, books, and reports

Albert Pierrepoint and the cultural persona of the twentieth-century hangman

Albert Pierrepoint was Britain’s most famous 20th-century hangman. This article utilises diverse sources in order to chart his public representation, or cultural persona, as hangman from his rise to prominence in the mid-1940s to his portrayal in the biopic Pierrepoint(2005). It argues that Pierrepoint exercised agency in shaping this persona through publishing his autobiography and engagement with the media, although there were also representations that he did not influence. In particular, it explores three iterations of his cultural persona – the Professional Hangman, the Reformed Hangman and the Haunted Hangman. Each of these built on and reworked historical antecedents and also communicated wider understandings and contested meanings in relation to capital punishment. As a hangman who remained in the public eye after the death penalty in Britain was abolished, Pierrepoint was an important, authentic link to the practice of execution and a symbolic figure in debates over reintroduction. In the 21st century, he was portrayed as a victim of the ‘secondary trauma’ of the death penalty, which resonated with worldwide campaigns for abolition

An expanding culture of control? The municipal administrative sanctions Act in Belgium

This article provides an in-depth study of the Act on Municipal Administrative Sanctions 1999 (MAS), which is the first major piece of legislation regulating antisocial behaviour in Belgium. MAS provides municipalities with an instrument to sanction antisocial behaviour and conduct perceived to disturb public order. The article uses Garland’s(2001) thesisonthecultureofcontroltoanalysewhetherMAShasledtoincreasedgovernmentcontrol and the exclusion of significant groups of the population. The research is based on a multiple case study in which the application of MAS was analysed over a 25-year period of security policies in Belgium (1985–2010). The Act’s implementation was studied in the two Belgian cities of Antwerp and Liège in order to consider the influence of the Flemish government and the Walloon government, respectively, in this policy area. The article uses insights from this comparison to revisit the culture of control thesis and its limitations in understanding the political competition that exists over the formulation of policies on antisocial behaviour. Effective Protection of Fundamental Rights in a pluralist worl