A01=Orna Alyagon Darr
Assize Judge
Author_Orna Alyagon Darr
Billa Vera
cases
Category=NHD
clutterbuck
confession reliability
criminal procedure history
Devil's Mark
devils
Direct Physical Evidence
Distinguished Control Group
Early Modern English
early modern English witchcraft prosecution
English Witchcraft
eq_bestseller
eq_history
eq_isMigrated=1
eq_isMigrated=2
eq_nobargain
eq_non-fiction
Evidentiary Methods
evidentiary standards
Evidentiary Techniques
Francis Bragge
grand
Grand Iury Men
Henry Goodcole
iury
Iust Recorde
jane
Jane Wenham
Joan Cunny
legal anthropology
Marian Statutes
men
Out-of Court Confession
Petty Jury
professional identity trials
richard
Richard Clutterbuck
Rose Cullender
social stratification law
Swimming Tests
Thomas Man
Throckmorton Family
wenham
witchcraft
Witchcraft Cases
Wonderfull Discouerie
Product details
- ISBN 9780754669876
- Weight: 780g
- Dimensions: 156 x 234mm
- Publication Date: 20 Jul 2011
- Publisher: Taylor & Francis Ltd
- Publication City/Country: GB
- Product Form: Hardback
Secure
checkout
Fast Shipping
Easy returns
This work explores the social foundation of evidence law in a specific historical social and cultural context - the debate concerning the proof of the crime of witchcraft in early modern England. In this period the question of how to prove the crime of witchcraft was the centre of a public debate and even those who strongly believed in the reality of witchcraft had considerable concerns regarding its proof. In a typical witchcraft crime there were no eyewitnesses, and since torture was not a standard measure in English criminal trials, confessions could not be easily obtained. The scarcity of evidence left the fact-finders with a pressing dilemma. On the one hand, using the standard evidentiary methods might have jeopardized any chance of prosecuting and convicting extremely dangerous criminals. On the other hand, lowering the evidentiary standards might have led to the conviction of innocent people. Based on the analysis of 157 primary sources, the book presents a picture of a diverse society whose members tried to influence evidentiary techniques to achieve their distinct goals and to bolster their social standing. In so doing this book further uncovers the interplay between the struggle with the evidentiary dilemma and social characteristics (such as class, position along the centre/periphery axis and the professional affiliation) of the participants in the debate. In particular, attention is focused on the professions of law, clergy and medicine. This book finds clear affinity between the professional affiliation and the evidentiary positions of the participants in the debate, demonstrating how the diverse social players and groups employed evidentiary strategies as a resource, to mobilize their interests. The witchcraft debate took place within the formative era of modern evidence law, and the book highlights the mutual influences between the witch trials and major legal developments.
Orna Alyagon Darr, Carmel Academic Center Law School, Israel
