Criminal Law
U.S. Criminal Law History
Victoria Duncan
Department of Criminal Justice
Dr. Gambill
November 2, 2023
Criminal law in the United States has a rich and varied history that has evolved over centuries, shaped by cultural, social, and political influences. Understanding this history provides valuable insights into the development of the American legal system and the principles that underpin it. According to the Oxford languages dictionary criminal law is defined as a system of law concerned with the punishment of those who commit crimes.
The Colonial Era (1600s-1700s) is the root of American criminal law and can be traced back to English common law, which was the legal system of the American colonies. Our English common law comes from the British laws (Nann, Cohen, 2018). When Americans first came over, they adapted the laws of the British or whatever colonies they came from this could include the Spanish or the French colonies as well. During the colonial period before the American Revolution which happened in 1775 to 1783 there wasn't a distinctive American legal system all of the laws varied from colony to colony. In addition to English common law colonial legal systems were often influenced by local customs and traditions. Capital punisher is very well known during this era this is typically very harsh punishments for crimes that were typically very minor, capital punishment is typically methods like hanging, burning at the stake or even being pressed to death with stones. Corporal punishment was also a thing during this time which typically involved flogging, branding, in public humiliation. Religious crimes were also big in some colonies we see this during the Salem witch trials as many people adults and children alike were burned at the stake for practicing so-called witchcraft. The laws were enforced by local constables and sheriffs there were no professional police forces like we know them today the courts were typically controlled by the governor's or magistrates and there was no legal defense for those who could not defend themselves.
The next era is the Revolutionary and early republic era this was from the late 1700s to the early 1800s. The American Revolution brought about significant changes in legal thinking. Influenced by Enlightenment ideas, the concept of individual rights and liberties gained prominence. State constitutions and the Bill of Rights emphasized protections against cruel and unusual punishment, laying the groundwork for the Eighth Amendment of the U.S. Constitution (Jouet, 2021). With the early Republic era king federal laws which top developed the US constitution the federal government established a legal system for all of America to follow which included offences against the government like counterfeiting, piracy, and treason (Chapin, 1989). During this era the states continued to develop their own laws which were varied from state to state. During this era there is also a penitentiary movement which created laws that made inhumane punishments illegal. Legal rights were also a very big deal during this era there's a very big expansion of legal rights for defendants and the concept of innocent until proven guilty started to come to light it was not universally applied during this time though. This is also the era that slavery was becoming abolished in northern states this however did not change that there was racial discrimination in both the north and southern states. When looking at women's rights during this era they had very few they could not sit on a jury, and they had very limited ability whenever it came to the law. They were typically excluded from jury service and had restrictions of property ownership and divorce.
The Reform and Standardization of the 19th century witnessed notable reforms in the American criminal justice system. Penitentiaries, such as the Eastern State Penitentiary in Pennsylvania, were established with the goal of rehabilitating offenders through solitary confinement and reflection. The idea of rehabilitation began to replace retribution as the primary goal of punishment. During this period of criminal law many states decided to codify their laws which means they began to develop comprehensive the criminal codes that align to the criminal offences in the punishments. The goal of these codes was to bring uniformed clarity to the legal system, this was the first time that we saw reform as well instead of just trying to lock someone up for doing something wrong. This eventually led to the classification of crimes based on their severity in a corresponding punishment to go with each crime. Due process also became very popular during this time ensuring that people have the right to a fair trial and legal representation. Rules of evidence was also very big this was and emphasis on standardizing rules of evidence meaning but only certain evidence that met the court's rules could be presented during a trial. It was at this time that many states abolished corporal punishments it replaced them with a penitentiary system (Thorsteinson, 2017). This is also when police forces and urban areas became more common which led to a more organized approach of law enforcement. Law schools were established for the formal education of lawyers ensuring that legal professionals are well trained during this time as well. This was also the era where the women's rights movement was starting to take off, this would eventually lead to changes in levels related to women's rights and protections within the legal system.
The Prohibition era, marked by the 18th Amendment's ban on the sale and consumption of alcohol, led to the rise of organized crime ((Britannica, 2023). The 18th amendment which was enacted in 1919 prohibited the manufacture, sale, and transportation of intoxicating liquors. The Volstead act was enacted along with the 18th amendment which provided the enforcement of prohibition, it defined what intoxicating beverages were and what procedures were to be taken if they were found. The prohibition led to a rapid rise in organized crime as the organized crime involved itself with illegal alcohol production, distribution of this said alcohol and the sales of alcohol. The most famous gangster to be involved with this time period was Al Capone he became notorious for his involvement in bootlegging and many other criminal activities. Moonshining also became popular during this time. Moon shining was producing your own alcoholic beverages in secret. Speakeasies were also very popular during this time this spite the ban on alcohol many establishments open underground bars and clubs called speakeasies that served alcoholic beverages illegally. The prohibition was eventually repealed in 1933 the 21st amendment ended prohibition making it legal to manufacture sale and transport one again.
The mid-20th century brought about significant changes in criminal law, particularly regarding the rights of the accused. The 20th century was home to many different landmark Supreme Court cases including Gideon v Wainwright which happened in 1963 this case established the right to legal counsel for defendants who are unable to find or afford an attorney. Miranda v Arizona 1966, this case states that police officers are now required to inform suspects of their rights as they are being arrested to protect individuals from self-incrimination. The civil rights movement was also very big during this time they said a very big profound impact on the criminal justice system (Friedman, 2002). Advocacy for civil rights and social justice led to new laws in efforts to address the racial discrimination and inequality within the criminal justice system. The latter half of the 20th century saw the emergence of the "War on Drugs," a government campaign aimed at curbing drug abuse and trafficking. While the intention was to reduce drug-related crime, the policies implemented led to a significant increase in incarceration rates, especially among minority communities. Mandatory minimum sentences and harsh penalties for drug offenses contributed to the growth of the prison population.
In the 21st century, there has been a growing recognition of the need for criminal justice reform. There are many reasons that there had to be a reform in the 21st century such as technological advances. The rise in digital technology has led to new types of crime including cybercrime identity theft and online fraud, this resulted in legislation being enacted in law enforcement agencies being equipped with the right equipment to defend against these attacks. 9/11 happened during the 21st century this caused the focus on counterterrorism many changes in US laws for national security, The US Patriot Act expanded the government surveillance and powers to combat terrorism this also raised concerns about civil liberties and privacy. Another big problem that arises in the 21st century is the social media online harassment and cyber bullying. There have been laws that have been enacted to address these issues and try to protect the individuals from harm that are being targeted.
There has also recently been a criminal justice reform this has been a growing movement that has focused on sentencing laws, the overcrowding of many prisons and jails across America, in nonviolent drug offenses getting 20 plus years sentences, some states have reduced mandatory minimum sentences and are providing alternatives to incarceration like community service and house arrest. Marijuana legalization has also been a very big topic among the criminal law spectrum under federal law marijuana is illegal however in many states they have legalized marijuana along with other drugs to try to combat the rising number of people being incarcerated for these types of charges. In places like Washington, they are trying to dig criminalize all types of drugs not so it would be more easily accessible but to help more people feel comfortable with asking for help without the fear of going to jail. We have also recently seen an opioid epidemic with the most recent years seeing a fentanyl epidemic. This is led to increased focus on combating drug use and addiction this is lead lawmakers and law enforcement agencies to work together to address the supply and demand of the aspects of these drugs.
In the most recent years police accountability and reform has been called for nationwide discussions about if police are being held to the same standards as the regular citizen is an increasing topic of discussion with the death of George Floyd and many other African Americans this is becoming a very popular topic and this is increased police officer training, practices and has increased the number of police departments that require body cameras. The topic that is being very widely discussed nationwide as well as gun control laws with school shootings rising and gun violence rising many people think that we need to have stricter gun control measures while others want to have less this has been a very big conflict in the 21st century it is a very common topic to hear about when talking about up-and-coming laws.
LGBTQ plus rights we're also a very heavy topic of the 21st century there have been many strides in the LGBTQ plus rights, including the legalization of same sex marriage nationwide and more legislation to help protect same sex couples against hate crimes, including hate crime legislation being expanded to protect individuals based on their sexual orientation and gender identity.
As we are still in the 21st century there are many other States and federal laws that are being implemented all the time the best thing to do if you want to look up laws or know what is going on in your state is to look up information on criminal law in your state.
Conclusion
The history of criminal law in the United States reflects the nation's evolving values and priorities. From its origins in colonial times to the present day, the American legal system has undergone profound transformations. While the goals of maintaining order and ensuring justice have remained constant, the methods and principles guiding criminal law have adapted to the changing needs of society.
As the United States continues to address issues such as racial inequality, mass incarceration, and emerging forms of criminal activity, the evolution of criminal law remains an ongoing process. Through thoughtful reforms and a commitment to upholding the principles of fairness and justice, the American legal system strives to navigate the complex challenges of the modern era while honoring the nation's historical legacy.
As America continues to grow and continues to have more supply and demand for different things our laws will change our policies will change criminal law will always be around because there will always be a need for it. Looking back at the definition of criminal law which is a system of law concerned with the punishment of those who commit crimes, as the use of many new the types of technologies are up and coming, we will need more laws and more unique punishments to fit the crimes that's what criminal law is for and that's why it's so important in today's society, especially in America.
Cite
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