Respond by Day 5 to at least two of your colleagues. Offer an alternative explanation for how these patterns of criminal activity and violence affected constitutional law and political freedom.
The Anglo-Saxon Era was an age of lawlessness in English with the large population of poverty combined with the overwhelming lack of control crime ran rampant (Roth, 2011, p. 40). After examine English Common Law the two patterns of criminal activity and violence in England between the years 570 and 1725 I chose were theft and brutal punishments. Without a public police force and suffering a tremendous outlaw problems theft became a massive issue in England. The issue of theft was so much of an issue that “in 1692, the profession of thief-taking (Bounty Hunting) was installed by the Act for Encouraging the Apprehending of Highwaymen” (Roth, 2011, p. 41). The bounty hunters of this era were awarded a bounty of 40 pounds for the arrest and successful prosecution of any highwayman. In spite of the reward for the apprehension of highwayman it was completely ineffective beyond the local level when it came to tracking down criminals beyond its boundaries. (Roth, 2011, p. 41).
The Anglo-Saxon Era kings ruled with an iron fist. Brutal punishments were a very common practice in this era. When a punished was to be given it was done so in a brutal manner. Often time felon’s nose, upper lip, and even ears would be cut off. One example of a brutal punishment can be seen in an individual who did dishonest business practices. These individuals were often “pinned by their ears to pillory and the only way to secure freedom was to pull always from the nail until the ear came off”. (Roth, 2011, p. 39).
Thief and brutal punishments effect on the development of constitutional law and political freedom in England are seen in the outcry of support for a new way of thinking and doing things.Due to inefficacy in which issues were being handed with no end in sight for a thief and brutal punishments still not deterring crime, the people saw “the power of absolute monarchy diminished in favor of a constitutional monarchy” (Roth, 2011, p. 41). English Common Law influenced the American criminal justice system in a number of different ways. For example, look at excessive bail. “Excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted. Nearly 100 years later and English Common Law influences on the American criminal justice echoes thought the bill of rights as it uses the very same phases from its British predecessor (Roth, 2011, p. 39). Not only this but, many of the American’s most basic rights such as right to a speedy trial right to jury trial right to petition have all come about due to English common law influence.
References:
Roth, M. P. (2011). Crime and punishment: A history of the criminal justice system (2nd ed.). Belmont, CA: Wadsworth Publishing.