Colonial America
When early colonists first came to America, they did not include trained lawyers or other law-knowledgeable persons. Many parts of the criminal justice system in colonial America were similar to those in England, France, and Holland. Gradually French and Dutch influences disappeared in the islands. What remained was the basic idea many had of the English common law system.
This system was the best-known to seventeenth-century colonists. The common law system included a set of rules that were used to solve problems in society. It was based on the history of decisions that previous judges had made instead lawmaking codes or laws. This system made a distinction between two basic types of crimes: felonies and misdemeanors. The legal process, mostly for more serious crimes, involved a grand jury, composed of members of the community, which decided whether there was enough evidence for prosecution. However, in these proceedings no district attorneys or public prosecutors were available. The victim of the crime was responsible for instigating the prosecution and financing it. It was these fundamental principles that stuck with the colonists and were used selectively to create a new and unique criminal justice system.
Many factors influenced the colonists’ selection process by which they constructed their approach to criminal justice. As previously mentioned, there were no professional legal experts and few law resources available. This left a lot of room for creativity and mistakes. The colonists were largely left to their own devices concerning the details of their developing criminal justice system. The new environment the colonists encountered in the New World, especially the western frontier, also affected the way the law was shaped. The system was molded to fit the colonists’ needs as they settled further and further west. Vigilantism was an inevitable byproduct of the faults of the development of justice in America. Religion, especially early on in the colonial period, exerted a strong influence on law making. Legal codes, such as the 1648 Book of the General Lawes and Libertyes of the Massachusetts Bay Colony, contained very strong biblical references, more so than did the ones in England. Although this religious impact was felt most strongly in Puritan colonies, similar ideas were evident among other colonists as well. Many colonial makeshift criminal codes considered lying, idleness, drunkenness, certain sexual offenses, and even bad behavior to be crimes. These moralistic crimes stemmed from the relation of crime to sin and sin to crime. Adding to the religious factor, the colonists held individual liberty in high regard. This later influenced more contemporary criminal codes.
Read more about this topic: History Of Criminal Justice
Famous quotes related to colonial america:
“In colonial America, the father was the primary parent. . . . Over the past two hundred years, each generation of fathers has had less authority than the last. . . . Masculinity ceased to be defined in terms of domestic involvement, skills at fathering and husbanding, but began to be defined in terms of making money. Men had to leave home to work. They stopped doing all the things they used to do.”
—Frank Pittman (20th century)