Criminal Justice System In The 18th Century

The modern era marked a trifecta of social, economic and legal changes. Historically, Christianity was a major influence to the criminal justice system. However, beginning in the 17th century and extending as late as the 20th century the criminal justice system underwent major challenges that drove the system to transform, from an fickle and unprecedented legal code into an objective justice system. The social and economic changes that permeated throughout Europe, specifically London, England coincided with a rise in crime or a widespread belief of a perceived rise in crime. Industrialization changed the social and economic landscape of London and posed major obstacles for all classes, specifically the working class. Throughout Europe status and honourability dictated society. Although, many working class and impoverished i citizens struggled for subsistence living, the desire for affluence- encompassed society. In context, over 1/3 of London’s inhabitants lived in poverty. The helplessness of the people was a major factor of many that contributed to the rise in criminal behaviour. The 17th century marked the beginning of an evolving justice system. Throughout the 18th century the Bloody Code was fundamental to the evolving legal system; the Bloody code criminalized a wide array of crimes, from petty theft to first-degree murder that implemented the death penalty for all offense. However, the Bloody code was often used as a deterrent that was constructed to promote fear. Though, in reality the Bloody code was often subjective to the criminal climate of the community. In addition, the pressure to obtain wealth and earn a respectable status in London, England altered society’s perception of the severity of crime. In some regards, society began to adopt a more tolerant attitude towards the poor and those who thirsted for social acceptance and recognition. Beginning in the 18th century, a new type of criminal emerged, commonly known as the Highway gentleman. …show more content…
Highwaymen were horseback-riding robbers. They were often well educated, skilled, and armed. The highwayman was a unique entity. Highway gentlemen concealed their faces with masks and primarily robbed only the affluent classes in society. Furthermore, highwaymen preyed on highway traffic in forested woodlands throughout London, England. The perceived threat of Highwaymen drove widespread social anxiety, and in response the death penalty, under the bloody code was deemed a just sentence for such a horrendous crime. Occasionally, the death penalty was perceived insufficient for the crimes of Highwaymen. Occasionally, severely inhumane reprimands were conducted, such as being hung until death by starvation. The emergence of the Highway Gentlemen was influential throughout the modern era, specifically in the 18th century. The Highway Gentleman challenged society’s social and legal attitudes towards crime; he symbolized a refined, charming, skilled, educated deviant who engaged in crime only out of necessity in times of extreme hardship and destitution. Criminal of Focus: James Maclaine [Maclean] was born in 1724, in Monaghan, Ireland. Maclaine was the youngest son of Revd. Thomas Maclaine. His father, Thomas Maclaine was an Irish Dean and his brother respected Presbyterian minister. His mother, Elizabeth, nee Milling came from a very reputable local family, thus Maclaine came from a honourable highland Scottish descent. However, In contrast, to Maclaine’s respectable pedigree, Maclaine has been documented as the “black sheep” of the family. He was educated