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Phase 4 Individual Project

Colorado Technical University Online

CJUS285-1102A-01: Juvenile Delinquency

Professor Steven Mardock

Christopher B. Lane
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Abstract

I will be discussing some important information that is pertaining to the Colonial Period. I will

be discussing some key important facts that the Colonial Period carried out with extreme

punishments to the offenders. These punishments that were use in our society from a long time

ago will be considered as inhumane today. The 21st Century takes a different approach in better

educating our juveniles to keep reoccurring circumstances from occurring.

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Colonial Period

I would like to start out this individual project by talking about when was the Colonial

Period actually took place to give the reader an idea. The Colonial Period policing actually

started in the year of 1215; it did not get established until 1600 when the Magna Carta was

introduced [ CITATION Net11 \l 1033 ]. The Magna Carta was put in place for the liberties for each

citizen, it only granted some liberties. It was widely considered to provide some range of

individual freedoms [ CITATION Net11 \l 1033 ]. In the Colonial Period, the criminals were brought

to the middle of the town to receive their punishment in front of the public [ CITATION Dem10 \l

1033 ]. Such punishments would include the following: pillory, stocks, and whipping posts

[ CITATION Dem10 \l 1033 ].

Punishments

In addition, the person who was locked in the pillory during treacherous weather

conditions would be subjected to a punishment from the township would have fruit thrown at

them by the citizens of the community [ CITATION Dem10 \l 1033 ]. The most common crime and

hated by others was the crime of blasphemy. There was some speculation to Captain Kemble in

that his punishment was lewd and unseemly behavior of the Sabbath Day [ CITATION Dem10 \l

1033 ]. The punishments in detail; the pillory is type of framework that has holes in it so the

offender can put his head, and hands in while the offender stands up. The term stocks had holes
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were the offender’s ankles were locked in settling down [ CITATION Dem10 \l 1033 ]. The

punishment of whipping posts consists of the offender getting whipped in front of the whole

town [ CITATION Dem10 \l 1033 ].

Theories

The theories expressed during this time frame can easily be summed up to be as rude,

unethical popular law. The first theory was considered to be the standard theory [ CITATION

Sto68 \l 1033 ]. There was a Chief Justice with the name of Lemuel Shaw concluded to the facts

during the Colonial Period that the Colonial beginnings of the 17th century and 18th Century that

the English jurisprudence was even considered a subsidiary force [ CITATION Sto68 \l 1033 ]. In

1968, the author William Stoebuck mentions that Chief Justice Lemuel Shaw stated that the

common law was imported by our colonial ancestors, as far it was applicable, and was

sanctioned by royal charters and colonial statues. In 1968, the author William Stoebuck mentions

the third theory of colonial-law reception was indebted to Professor Julius Goebel. In 1968, the

author William Stoebuck mentions that Goebel found based upon Plymouth Colony from 1620

to 1650; Professor Julius Goebel presented evidence that the law practiced was that of the

customary law that was of the local courts the Colonist had known in England.

Procedure

In 2005, the author Elizabeth Kolsky talks about an English lawyer named Thomas

Babington Macaulay. Thomas Babington was an aspiring lawyer. Thomas Babington Macaulay

argued that the role in front of the British Parliament about the British governance in India

[ CITATION Kol05 \l 1033 ]. In 2005, the author Elizabeth Kolsky mentions the English lawyer
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ideas about codification-creating as one great and entire work symmetrical in all parts and

pervaded by one spirit. In 2005, the author Elizabeth Kolsky mentions the goal of her article is to

explain why the root in India was as facilely and quickly as it did. In 2005, the author Elizabeth

Kolsky mentions in her article, the first Code of Criminal Procedure occurred in 1861, secured

the legal superiority of European-born British subjects.

Diversion

I would like to talk about Diversion in the Colonial Period. The only diversion that

happened during the 1500-1600 was the Europeans were able to control the international trade of

Asia by diverting their profits from the trade to Europe [ CITATION Wil09 \l 1033 ]. There were

approximately six countries that were considered as Colonialism, and they are as follows:

Portugal, Spain, the Netherlands was the second one, Great Britain, France, and lastly was the

United States [ CITATION Wil09 \l 1033 ]. The two liberal colonial governments were as follows:

Great Britain and the United States was the other one [ CITATION Wil09 \l 1033 ]. In 2009, the

author Dr. Constance Wilson mentions the two types of government maintained a good record

with respect to the rule of law, civil liberties, political participation, open education, and the last

one is economic opportunity.

Prevention

Prevention was not an option during the Colonial Period. When someone did something

wrong, they received the harshest punishment. To give an educated guess to this important

header; I would have to say prevention of a person committing a crime would have to be the idea

of good education implementations to be in put in place. Generally, there would not be any
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education. The person who committed a crime just received their fair form of punishment; even

if they did not like the punishment.

21st Century

Unlike the Colonial Period, the 21st Century is a little stricter when it comes to crimes,

but they are dealt with in a way that it would not be so harsh. In the 21st Century, when a person

commits a crime, they would go through the legal process of the law.

Punishments

Depending on the severity of the crime will decide the appropriate punishment for the

offender. Punishment for an offender who commits a crime will give the option handed down by

the judge to either do some time in home incarceration, for the lesser offense to the more serious

crimes would require someone to spend some time in a correctional facility.

Theories

The theories are based solely on the statutes of each state that sentences a person when

they commit a crime. Theories are different from the time of the Colonial Period. In the 21st

Century is not just theory, it is based on actual evidence.

Procedure

The procedures in the 21st Century when it comes to the laws are dealt with a speedy

process. This procedure may only take a short amount of time based on the actual evidence.
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Diversion

Diversion should not be ignored by the criminal justice system and scrutiny [ CITATION

Din07 \l 1033 ]. In 2007, the authors of this story, Gavin Dingwall, and Alisdair A. Gillespie

mentions the importance of diversion in the English criminal justice system should not be

underestimated. In 2007, the authors, Gavin Dingwall, and Alisdair A. Gillespie mentions the

juvenile offenders a high proportion of those who offend are not dealt with through the formal

process of prosecution, trial and punishment.

Prevention

Generally, the best way to prevent something like this from happening will require the

proper education of the juvenile offender. By properly educating the juvenile offender will

enable to produce good citizens in society. This is my factual affirmation to this particular

header. If we can prevent, and educate, we will succeed as citizens in society.

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References

Net Industries. (2011). Colonial Period-Criminal Law. Net Industries, retrieved from:

http://law.jrank.org/pages/11881/Colonial-Period-Criminal-law.html April 30, 2011

Demand Media. (2010). Crime and Punishment in Colonial America. Essortment-Your Source

for Knowledge, retrieved from: http://www.essortment.com/crime-punishment-colonial-

america-20979.html May 1, 2011

Dingwall, G., Gillespie, A., A. (2007). Special Issue: Diverting Juveniles, Diverting Justice. Web

Journal of Current Legal Practices, retrieved from:

http://webjcli.ncl.ac.uk/2007/issue2/dingwall2.html May 1, 2011

Kolsky, E. (2005). Codification and the Rule of Colonial Difference: Criminal Procedure in

British India. Law and History Review, retrieved from:

http://www.historycooperative.org/journals/lhr/23.3/pdf/kolsky2_lhr.23.3.pdf May 1,

2011

Stoebuck, W., B. (1968). Reception of English Common Law in the American Colonies. William

& Mary Law School Scholarship Repository. Vol. 10. Issue 2, retrieved from:

http://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=2851&context=wmlr May 1,

2011

Wilson, C. (2009). Colonialism and Nationalism in Southeast Asia. Welcome to SEA site-Center

for Southeast Asian Studies Northern Illinois University, retrieved from:

http://www.seasite.niu.edu/crossroads/wilson/colonialism.htm May 1, 2011