American Legal History

First assignment

Over the past several weeks, we have considered what different legal sources told us about the nature of criminal justice systems in England and the colonial U.S. For this assignment, you are to read the Laws & Liberties of Massachusetts (1648) and write a paper in which you do the following:

1. Sketch out what the document tells us about the criminal court system of Massachusetts Bay. You should engage in the sort of analysis we have undertaken in class, and answer similar sorts of questions. For example, you should discuss, among other things, the types of courts, the titles and roles of people involved in prosecuting and punishing crime, the different sorts of acts that are made criminal, and the types of punishments. A good answer will not simply list different crimes, but will try to organize them into categories (as we have done in class). You should also consider whether status matters, and if so how.

2. Compare these criminal system described in this document to the system described in the Magna Charta. To what extent are the criminal justice systems the same; to what extent are they different?

Your paper should be 8-10 pages long, typed and double spaced. It is due in class, at the start of class, on Friday, September 16. In writing your paper, you should not use outside sources, though you may use the materials we have read for class, and your class notes if you wish.