When does a punishment
for crime cross from being a legitimate goal of the state to a dignity taking?
From the Norman Conquest until the middle of the eighteenth-century, the Common
Law provided that in addition to execution the property of convicted felons or
traitors was forfeited to the crown and their blood corrupted so that their
heirs could not inherit. I argue this is a clear instance of dignity
takings. The colonists who traveled to
Massachusetts Bay wanted a fresh start and so sought to create a model society
based on Biblical law. Using around 6,000 criminal cases from 1630 to 1684 this
paper argues that a different form of dignity takings ensued. The use of “scarlet letters,” pillorying,
whipping, and other public punishment were all designed to single out unworthy
members of the community. I push Atuahene’s concept of dignity takings by
offering a sub-category of dignity abuse where rather than taking or destroying
their real and personal property the state seeks to destroy their bodies.
Assessing the Procedural Fairness of the Salem Witchcraft Trials (in Draft)
Placing the Salem witchcraft trials within
the context of seventeenth century Common Law criminal procedure the paper
argues that the judges in the trials did not deviate from the procedural or
evidentiary norms of the period.
The Americanization of the Common Law in Seventeenth-Century Massachusetts Bay (in Draft)
The colonists in Massachusetts Bay began to alter the Common Law as soon as they reached North America. The goal of the colonists was to reform the Common Law to both remove some of the more pernicious aspects as well as to implement Biblical law. In order to achieve these goals the colonists faced many dilemmas that criminal justice systems face today including balancing certainty of punishment with the context of the crime, the meaning of justice, and the severity of punishment to be inflicted. By examining criminal cases from Essex County and the Court of Assistants the paper asserts that the law of Massachusetts Bay was far less harsh than the Common Law of England.
Bounded Universalism: Toward a Theory of Legal Relativism (in Draft)
Using historical examples this paper argues that
although all legal systems posit themselves as universal they are in fact a
bounded subset of possible legal regimes. Using this framework I attempt to construct an understanding of legal systems that is based on changing societal norms rather than universal precepts, rights, or wrongs.
When Plea Bargaining Breaks Down (in Research)
This is an in depth case study of one California town's experience of the breakdown of plea bargaining. The paper seeks to dispel the idea that the American criminal justice system cannot operate without the use of plea bargaining to dispose of the vast majority of criminal cases. Although court dockets became overwhelmed the system was able to adjust by adding judges.
