41. Volume 4 1998 Ames v. Holmes Ethics and the legal Mind by by Herbert T. Silsby; The Early history of the Presumption of Innocence in Massachusetts Criminal trials by Alan http://www.sjchs-history.org/contents.html

Massachusetts Legal History: A Journal of the Supreme Judicial Court Historical Society Volume 1, 1995 In Appreciation: G. Joseph Tauro by Edward F. Hennessey Preface: Hon. Waitstill Winthrop by Edgar J. Bellefontaine An International Judicial Exchange: The Troika for Russian Constitutional Affairs , Remarks of Paul J. Liacos Ames v. Holmes: Ethics and the Legal Mind by Hiller B. Zobel The Development of Equity Jurisdiction in Massachusetts by Alan J. Dimond The Founding of the Massachusetts Appeals Court by Daniel J. Johnedis The Hunt for Lemuel Shaw: Commonwealth v. Hunt as a Defense of the Freedom of Contract by Ellen C. Kearns and N. Jay Shepard Fighting for Freedom and Equality: Blacks and the Law in Early Massachusetts by Charles E. Walker, Jr. Volume 2, 1996 R. Ammi Cutter: A Personal Remembrance by Herbert P. Wilkins Reflections on the Life and Career of Robert W. Meserve by John J. Curtin, Jr. Preface, Isaac Addington: Fervent Public Servant and Reluctant Chief Justice, 1645-1715 by Edgar J. Bellefontaine Murder and Due Process in Colonial Massachusetts by Alan Rogers The Right to Indictment under Article 12 of the Massachusetts Declaration of Rights by Brownlow M. Speer

42. Civil Liberties: Is History Going To Approve Of Military Trials For Civilians? 11, a legal Battle on the Limits of Civil Liberty If the history of the Civil War is any guide have remained controversial figures from their trials in 1865 to http://hnn.us/articles/945.html

donations archives newsletter contact ... FAQ''s June 10, 2004 Text Size: A A A Departments Breaking News Features HNN Blogs Hot Topics ... Log In 9-02-02: News at Home Civil Liberties: Is History Going to Approve of Military Trials for Civilians? By Tom Turner Mr. Turner is a professor of history at Bridgewater State College. "The Constitution of the United States is a law for rulers and people, equally in war and peace, and covers with the shield of its protection all classes of men, at all times, and under all circumstances. No doctrine, involving more pernicious consequences, was ever invented by the wit of man than that any of its provisions can be suspended during any of the great exigencies of government. Such a doctrine leads directly to anarchy or despotism, but the theory of necessity on which it is based is false; for the government, within the Constitution, has all the powers granted to it, which are necessary to preserve its existence; as has happily been proved by the result of the great effort to throw off its just authority." Supreme Court Justice David Davis in the Milligan case, 1866.

43. Research Guides - G. Labour, Law and Crime A historical Perspective 1987, Schioppa, Antonio Padoa, ed., The Trial Jury in Studies in Continental AngloAmerican legal history, Bd http://www.ll.georgetown.edu/lib/guides/history_crime_punish.html

guides > legal history - crime and punishment TABLE OF CONTENTS I. Introduction IX. II. General English Sources X. III. General American Sources XI. IV. Commentaries on the Law XII. V. XIII. VI. XIV. Internet Resources VII. XV. Libraries as Resources VIII. XVI. Further Questions I. Introduction Research in the history of crime and punishment requires the use of a variety of sources. Very often, it is necessary to consult sources beyond traditional cases and statutes. For this purpose, there are many finding aids, which can be used to locate pertinent primary materials. Also useful are topical treatises, bibliographies, historical compilations and online Internet sites devoted to the history of a particular subject. These secondary sources often also provide citations to primary and additional secondary sources. There are many, many more sources of information on this topic than can be listed here, so this guide gives only an overview of print, micro-media and Internet resources available to facilitate research in the history crime and punishment at the Georgetown University Law Center. Call numbers given are specific to the Edward Bennett Williams Library collection. The designation SPECL indicates the material is in Special Collections, and must be used there.

44. History Of The Old Court House of the Old Courthouse Crimes and trials in the McKinley s Cannon. Modern history of the Old Courthouse Major Old Booking Photos; Old legal Fee Documents. Source http://www.sccsuperiorcourt.org/aboutus_court_history.htm

Home Case Info Courthouses Fees ... Search Court Info: Civil Criminal Family Juvenile ... Useful Links Related Sites: Case Info Complex Civil Self Service History of the Old Court House Santa Clara County was once part of Spain, and then part of Mexico. Prior to California being admitted to the union, our local court was held in Juzgado (a combined court, mayor and jail building) from about 1805 to 1850. The Juzgado was located at what is now the intersection of Market and Post Streets in downtown San Jose. The adobe building was inadequate for the increased community usage and was destroyed in July 1850. Later, after the formation of Santa Clara County on April 25, 1851, a number of buildings served as courthouses. The eighth courthouse is the building known now as the Old Courthouse, still in use and located across from St. James Park in downtown San Jose. In 1866, Valley residents began erecting this Neo-Classical monument in an attempt to persuade the California government to re-locate the state capital to San Jose. San Jose did not regain the capital, but this effort resulted in the construction of one of the most prestigious courthouses in the United States. This courthouse has served the public well for over a century. Today it serves as one of the numerous Superior Court of California facilities in Santa Clara County.

45. CV2003-2004 College of Law and Department of history (law school Famous American trials Clemson (grad seminar, Fall 1999). legal Culture of the South Clemson (grad seminar http://plaza.ufl.edu/edale/CV2003-2004.htm

Elizabeth Dale Associate Chair Department of History edale@history.ufl.edu University of Florida http://plaza.ufl.edu/edale PO Box Gainesville Florida 352-392-0271 ex 226 Curriculum Vitae EDUCATION Ph.D. University of Chicago U.S. Legal History, June 1995 J.D. Chicago-Kent College of Law, June 1984 (with Honors) B.A. DePauw University , Ancient Greek, June 1981 Swarthmore College PROFESSIONAL EXPERIENCE University of Florida Department of History Associate Professor of US Legal History August 2002 to present Assistant Professor of US Legal History August 2000 to August 2002 Levin College of Law Affiliated Professor of Legal History Spring 2002 to present Adjunct Professor of Legal History Center for Gender and Women’s Studies Affiliated Faculty Fall 2001 to present Clemson University Department of History Assistant Professor of US Legal History DePaul University Department of History Instructor, History of World Civilization Winter and Spring Quarters, 1994 University of Chicago Department of History Preceptor, Senior Thesis Seminar

46. Leonard Peltier Case | Reference Materials | Recommended Books & Videos following Oglala, his capture, or the infamous trial that resulted one of the most protracted and bitterly fought legal cases in publishing history, In the http://www.freepeltier.org/ref-books_videos.htm

Main Page Peltier FACTS Legal Update Download Page ... Send This Site! Recommended Books and Videos Books Prison Writings: My Life Is My Sundance by Leonard Peltier Immortalized in Peter Mathiessen's In The Spirit of Crazy Horse , Leonard Peltier now in his 24th year of confinement at Leavenworth, was wrongfully convicted of the killing of two FBI agents in 1977. Prison Writings, compiled by Peltier during his incarceration, tells the extraordinary story of his life, his impoverished upbringing in the Dakotas, his gradual identification as a leader and Native American warrior during the political upheavals o f the late 1960's and early 1970's and the tense battles with the government that led to the " Incident at Oglala " (made into a prize winning movie by Robert Redford). Whether writing about his escape to Canada following Oglala, his capture, or the infamous trial that resulted, Peltier is remarkably philosophical, and even forgiving, his vision a blanket of mercy and compassion. More information about Leonard's book here In the Spirit of Crazy Horse by Peter Matthiessen Read the book's Afterword by Martin Garbus "The first solidly documented account of the U.S. government's renewed assault upon American Indians that began in the 1970's"

47. UTP - Scholarly Publishing: Submissions Colour Coded A legal history of Racism in Canada, 1900 part of the Canadian Social history Series); The Patrick Brode (2002); Canadian State trials Volume Two http://www.utppublishing.com/series/osgoode.html

UofT Press UofT Bookstore UTP Journals UofT Home Osgoode Society for Canadian Legal History The purpose of this series is to encourage research and writing in the history of Canadian law. The Society will publish volumes which contribute to legal-historical scholarship in Canada including studies of the courts, the judiciary, and the legal profession, biographies, collections of documents, studies in criminology and penology, great trials, and work in the social and economic history of the law. Please note that not all publications of the Osgoode Society are published by University of Toronto Press. Essays in the History of Canadian Law, vol. I  Edited by David H. Flaherty (1981) Out of print Essays in the History of Canadian Law, vol. II Edited by David H. Flaherty (1983) Out of print Sir John Beverley Robinson: Bone and Sinew of the Compact Patrick Brode (1984) The Supreme Court of Canada: History of the Institution James G. Snell and Patrick Vaughan (1985)

48. UTP - Scholarly Publishing Title Detail rulings by municipal councils, criminal trials before police doubt that the Canadian legal system played a deeply embedded in Canadian history despite Canada s http://www.utppublishing.com/detail.asp?TitleID=1920

49. Duke University/Law Library/Research Guides/English Legal History J., Year Books Medieval English legal history This searchable Bluebook, T.2). Butterworths legal Research Guide State trials Or, A Collection of the Most http://www.law.duke.edu/lib/ResearchGuides/englishLegalHist/englishLegalHistory.

Download .pdf version of Guide RESEARCH AIDS A. Research Guides Glanville, Williams, Learning the Law (11th ed., 1982) (KD442 .W54 1982). Guide to Law Reports and Statutes Holborn, Guy, Butterworths Legal Research Guide (2d ed., 2001) (Ref. KD392 .H64 2001). Manual of Law Librarianship: The Use and Organization of Legal Literature (Elizabeth M. Moys ed., 2d ed. 1987) (Ref. KD392 .M33 1987). B. Abbreviations, Dictionaries, etc. The Cardiff Index to Legal Abbreviations French, Derek, How to Cite Legal Authorities (1996) (Ref. KD400 .F73 1996 ) includes lists of regnal years and abbreviations of law reports. Stroud's Judicial Dictionary of Words and Phrases (6th ed., 2000) (Ref. KD313 .S925 2000; earlier editions in Superseded Ref.). Jowitt's Dictionary of English Law (2d ed., 1977-1985) (Ref. KD313 .J69 1977). Legal Abbreviations Prince, Mary Miles, Bieber's Dictionary of Legal Abbreviations (5th ed., 2001) (Ref. KF246 .B5 2001 and Lexis: Short Name (LEXREF;BIEBLA)) lists virtually all of the nominate reporter abbreviations. Raistrick, Donald

50. Rape Nuts - Kobe Bryant's Trial Will Showcase Our Mixed-up Rape Laws. By Dahlia new questions involve subtlety and context and past history. ways still the cornerstone of modern rape trials. the accuser cut against the legal presumption of http://slate.msn.com/id/2086422/

MSN Home My MSN Hotmail Shopping ... Money document.write('') Web Search: document.write(' logoImg("http://sc.msn.com"); Print E-mail Discuss Alerts ... About Us Search Slate Advanced Search MSN Shopping'); // > jurisprudence The law, lawyers, and the court. Rape Nuts Kobe Bryant's trial will showcase our mixed-up rape laws. By Dahlia Lithwick Posted Wednesday, July 30, 2003, at 4:10 PM PT Long before the first juror is selected, the nation is making up its mind about Kobe Bryant. Web sites condemning his accuser as a whore are proliferating. (You can even vote on whether Kobe or his alleged victim is lying.) Without a filament of evidence, journalists have split: Some call the young woman his "accuser"; others say "victim." Some complain that he's already been tried and convicted in the media; others complain that she has been raped again in the media. How can anyone be so certain about what happened between these two adults in the light of a hotel minibar? The answer has little to do with this specific case and everything to do with our national hysteria over rape law—a hysteria that rape accusations are now easier than ever to make and easier than ever to prove, that rape convictions can now be based on the barest assertions, that punishment for rape is harsher than for anything save murder. We have created a system that is bad for everyone. The legal rules for rape have been "reformed" to the point that defendants have few of the usual presumptions of innocence while victims are still humiliated and exposed at trial.

51. Historical Society Of Washington, D.C. | Legal Cases release on bail pending his trial for allegedly to Martin Van Buren regarding a legal dispute between RESEARCH LIBRARY/THE historical SOCIETY OF WASHINGTON, DC. http://www.citymuseumdc.org/Do_Research/Research_Collections/Legal_Cases.asp

About Us FAQ Staff/Board Directory History of HSW ... Home > Legal Cases Legal Cases Collection Records Title: Alexandria County (Va.). Court papers, 1858 Jan. 1 folder. (MS 5) Notes: Subjects: Title: Atkinson, R. J. (Robert J.), 1820-1871. Correspondence, 1861. 1 folder. (MS 14) Notes: Lawyer, Ohio legislator, and Third Auditor of the U.S. Treasury. Fairhand copy of correspondence between Atkinson and James Madison Cutts, Second Comptroller, regarding the case of Stephen Lozier, captain of the schooner "John Warren," who was suing the U.S. for violating his contract for transporting cannon balls from Washington, D.C., to New York. Subjects: United States. Dept. of the Treasury. Office of the Third Auditor. Title: Caldwell, Elias Boudinot, 1776-1825. Papers, 1814-1821. 1 folder. (MS 37) Notes: Clerk of the U.S. Supreme Court and a founder of the American Colonization Society. Letter (1814) to the Bank of Washington concerning the lawsuit Eliot vs. Greenleaf; promissory note (1821) to Griffin Coobe; and sketches (undated) of property squares 767 and 769 in Washington, D.C. Subjects: Title: District of Columbia. Jail. Records, 1858-1861. 1 v. 36cm.

52. History Matters Search This exceptional legal history site was created by law court trials in American history, including Scopes of key figures in the trials, and approximately 15 http://historymatters.gmu.edu/search.php?function=find&toplegal=1&wwwhist=1

53. Historical Manuscripts Commission | Publications | Major Accessions To Repositor of Swansea Library Transcript of trial of miners Wellcome Institute for the history of Medicine John Wanless Bury County Borough misc legal opinions and other http://www.hmc.gov.uk/accessions/1994/94digests/legal.htm

Major Accessions to Repositories 1994 relating to Legal History National, Special and University Bristol University Regina v Penguin Books: corresp, depositions and transcripts rel to trial of Lady Chatterley's Lover (DM1599) British Library, Department of Manuscripts John Levett, lawyer, London: memorandum notebooks c 1688-1703 (Egerton MS 3873) House of Lords Record Office Trial of Warren Hastings: shorthand notebook 13-15 February 1788 (Hist Coll 367 addnl) National Library of Ireland Michael Noyk, solicitors: papers rel to Michael Collins and other Republican activists c National Library of Scotland, Department of Manuscripts Francis Jeffrey, Lord Jeffrey, judge and critic: journal of his visit to the USA 1813 (Acc11099) National Library of Wales, Department of Manuscripts and Records Sir Alun Talfan Davies, QC: corresp and papers c 1963-86 (Sir Alun Talfan Davies Papers) University of Swansea Library Transcript of trial of miners for incident at Port Talbot docks during miners strike 1985 (1994/32) Warwick University Modern Records Centre Martin Walker: papers rel to criminological studies (MSS 339) Wellcome Institute for the History of Medicine John Wanless Dickson, consultant orthopaedic surgeon (addnl): medico-legal files 1985-92 (PP/JWD)

54. Jeffersonian Politics Legal Vs. Historical Evidence or trial procedures by which evidence is presented in a trial are not This is not to say that all history should be viewed according to legal principles. http://www.geocities.com/Athens/7842/jeffersonians/jpfor017.htm

55. The History Of Jim Crow of Clinton Senior High School Trial and Triumph viewing a photograph to glean historical information Decision Students analyze the legal history of segregation http://www.jimcrowhistory.org/history/history.htm

From Terror to Triumph Creating Jim Crow In-Depth Essay Surviving Jim Crow ... Let Us Know! Jim Crow History Resources Richmond, VA Historical marker posted in the 1920s The history of Jim Crow encompassed every part of American life, from politics to education to sports. This section is a good place to begin to access historical background, source material, and lesson plans that utilize the materials in the Geography, Literature, and Teacher Resources sections. We suggest that you begin your exploration of Jim Crow history by reading the themed essay, "From Terror to Triumph", below, in order to get a holistic look at Jim Crow from many angles. If you'd like to create an essay or lesson plan on Jim Crow history, please Join Us ! All teachers are paid for the work they contribute. The Journal of American History gave Jimcrowhistory.org a rave review! Read it here. History Essays: (Many more essays and lesson plans are in development, if you would like to contribute for pay, Join Us All essays and lesson plans are available to print as Adobe PDF files. If you don't have the FREE Adobe Acrobat Reader, click here From Terror to Triumph: Historical Overview This historical overview is actually a group of five themed essays focusing on creating, surviving, resisting, escaping, and transcending Jim Crow oppression and discrimination. These themes divide the history of the Jim Crow era, and offer teachers an organizational framework for understanding and teaching the subject. Each of these themes is explored further in the In Depth link. These essays, and others in the Teacher Resources section, provide a wealth of information about the changes and continuity in the tortured history of African Americans as they experienced segregation and discrimination from the Reconstruction Era to the 1950s.

56. The History Of Jim Crow Desegregation Decision Students analyze the legal history of segregation American Literature and US history unit focuses To Kill a Mockingbird trials of Our http://www.jimcrowhistory.org/resources/lessonplans.htm

Jim Crow Gateway Lesson Plans Simulations Narratives ... Let Us Know! Jim Crow Lesson Plans All lesson plans are available to print as Adobe PDF files. If you don't have the FREE Adobe Acrobat Reader, click here History Teachers contribute their best lessons on the events that they think are the most important in the Jim Crow years. The lessons also link themselves to one or more of the four episodes of The Rise and Fall of Jim Crow Be sure to check out the interactive student activities under " Simulations "Historical Analyses, Cognitive Organizers, Essay Questions in a writer's workshop format, mini quizzes, Primary Source Material Analysis, and Prediction Centers create a well-rounded unit of study designed to challenge and motivate students to learn more about this period in history. The Brown v. Board of Education Cases: An Education Unit on the Cases Comprising the Landmark 1954 School Desegregation Decision Students analyze the legal history of segregation in this 7-section unit, focusing on documents from five early court cases that comprised the landmark Brown v. Board of Education

57. Real History And Books On The Lipstadt Trial It sponsored the Nuremberg trials, with all their peaks and of equality of the most flourishing Jewish community in history. http://www.fpp.co.uk/Legal/Penguin/books/Guttenplan/LATimesHitchens200501.html

International Campaign for Real History Books on the Lipstadt Trial Quick navigation Mr. Irving, take me to ... ... today's "AR-online" again ... the trial transcripts ... news on your legal battles ... you and your family ... your career so far ... how to buy your books ... free downloads of your best books ... how to help your fighting fund ... your publishing Home Page Alphabetical site index (text) At this point I finally decided that anyone joining a Fair Play for Irving Committee was up against a man with some kind of death wish. Washington-based British writer Christopher Hitchens Sunday, May 20, 2001 The Strange Case of David Irving THE HOLOCAUST ON TRIAL By D.D. Guttenplan; W.W. Norton: 328 pp., $24.95 By CHRISTOPHER HITCHENS WHEN the first news of the Nazi camps was published in 1945, there were those who thought the facts might be exaggerated either by Allied war propaganda or by the human tendency to relish "atrocity stories." In his column in the London magazine Tribune, George Orwell wrote that though this might be so, the speculation was not exactly occurring in a vacuum. If you remember what the Nazis did to the Jews before the war, he said, it isn't that difficult to imagine what they might do to them during one. In one sense, the argument over "Holocaust denial" ends right there. The National Socialist Party seized power in 1933, proclaiming as its theoretical and organizing principle the proposition that the Jews were responsible for all the world's ills, from capitalist profiteering to subversive Bolshevism. By means of oppressive legislation, they began to make all of Germany

58. Ttk-history This page is recommended by the history Channel. web page provides verbatim transcripts of the legal documents of of 1692 and background on the witch trials. http://www.lehigh.edu/~ineng/ttk/ttk-history.htm

THE CRUCIBLE (1996) Historical Context: Print Video Online Salem Witch Trials [1] In January, 1692, Reverend Samuel Parris’ daughter, Betty, and niece, Abigail Williams, fell victim to an illness that no one could name. They exhibited strange behavior, in which they would scream blasphemously, had convulsive seizures, and went into trance-like states and mysterious spells. Doctor after doctor had no explanation, but finally Dr. William Griggs concluded that the girls “were under an Evil Hand.” Eventually, more girls, including Ann Putnam and Elizabeth Hubbard, became afflicted. Parris conducted prayer services and community fasting to try to save the girls from the evil forces that plagued them. Prayers and fasting had no effect and the desperate community needed an answer. Under all this pressure, the girls named Tituba, Parris’ servant, Sarah Good, and Sarah Osborne as their tormentors. [2] The three accused women were sent to the magistrates, John Hathorne (ancestor of Nathaniel Hawthorne) and Jonathan Corwin, to be examined. Tituba confessed that she was in league with the devil, but Sarah Good and Sarah Osborne refused to confess. All three were sent to prison. In Tituba’s testimony, she confirmed the village’s fears that the devil was among them. After her confession, the witch-hunt began in earnest. Over the next weeks, community members started accusing their neighbors of witchcraft. They said they had been harmed and saw strange apparitions of some community members. Many started accusing those who were close to them. Giles Corey testified against his own wife, and Margaret Jacobs testified against her grandfather, George Jacobs, Jr. Those accused were first arrested and examined and then tried in court.

59. Trial Procedures At The Old Bailey, London Decisions taken at this stage of the legal process were important In a typical day early in the history of the Some trials took even less time in 1833 it was http://www.oldbaileyonline.org/history/crime/trial-procedures.html

Homepage Search the Proceedings About the Proceedings Historical Background ... Types of Crime Trial Procedures Verdicts Punishment Glossary Bibliography ... Sitemap Trial Procedures How Trials were Conducted at the Old Bailey Homepage Historical Background English criminal trials from the late seventeenth to the early nineteenth centuries were very different from those of today. Trials were quick, with lawyers rarely present, and prosecutors, judges, and jurors exercising considerable discretion in how they interpreted the law. Contents of this Article Introduction Initial Accusations Drawing up the Charges The Role of the Grand Jury ... Bibliography Introduction The jury trial, which can be traced back to the middle ages, is often celebrated as the cornerstone of English liberty, but trials in this period contained few of the protections against wrongful convictions which exist today. Trials were quick, with lawyers rarely present, and, since there was not a fully developed law of evidence, prosecutors, judges, and jurors had more power and flexibility than they do today. Basically the trial involved a confrontation between the prosecutor, normally the victim of the crime, and the defendant, in which the defendant was expected to explain away the evidence presented against them (witnesses also testified on both sides). Although contemporaries thought these procedures were reasonable methods of determining guilt and innocence, from a modern point of view they arguably tended to disadvantage defendants.

60. Verdicts At The Old Bailey, London but left the judges to resolve the legal issues), or For example, in a trial for damage to property In all these cases final judgement was deferred and the http://www.oldbaileyonline.org/history/crime/verdicts.html

Homepage Search the Proceedings About the Proceedings Historical Background ... Trial Procedures Verdicts Punishment Glossary Bibliography For Schools ... Sitemap Trial Verdicts Explanation of Jury Decisions Homepage Historical Background In addition to the obvious possibilities of not guilty and guilty, juries had the power to choose variations of these verdicts, which could have important consequences for the punishment of those who were convicted. Contents of this Article Not Guilty Guilty Guilty with Recommendation Partial Verdicts ... Bibliography Not Guilty In addition to the simple verdict of not guilty, information was sometimes provided on why the jury came to this conclusion: Accidental Death Non Compos Mentis Fault in the Indictment Prosecutor not Present ... Self Defence Accidental Death The defendant was accused of a killing offence, but the jury concluded the death was accidental, or "by misfortune". Often used when deaths were caused by a gun accidentally being fired or being run over by a cart. See also Chance Medley and Manslaughter Non Compos Mentis Defendants could argue in their defence that they were not responsible for the crime, owing to the fact that they were not of sound mind, and therefore could not be held responsible for their actions. In order for this argument to be accepted, the defendant had to have a total lack of reason and understanding, to be totally unable to understand the difference between right and wrong. Jurors accepted this argument in approximately half the cases in which it was made, leading to this verdict. After 1800 the standards applied in such cases became less rigorous, and acquittal rates increased. For example, it became accepted that even if a crime was rationally planned, the defendant could still be found not guilty if he didn't understand right from wrong. In a small number of such trials medical testimony was provided.

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