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A History of American Law$
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Lawrence M. Friedman

Print publication date: 2019

Print ISBN-13: 9780190070885

Published to Oxford Scholarship Online: October 2019

DOI: 10.1093/oso/9780190070885.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 25 October 2021

Crime and Punishment: And a Footnote on Tort

Crime and Punishment: And a Footnote on Tort

(p.263) 7 Crime and Punishment: And a Footnote on Tort
A History of American Law

Lawrence M. Friedman

Oxford University Press

This chapter discusses the history of American criminal law, covering penal law and penal reform, prison, and tort. The criminal law is an important lever of power, for any government. The leaders of the American Revolution felt strongly that the British were trampling on American rights and were abusing criminal justice. The right to a fair criminal trial was a fundamental right, in their eyes. The Bill of Rights was a kind of minicode of criminal procedure. Moreover, in the late eighteenth century, scholars were rethinking the premises on which criminal law rested. Great reformers called for a more enlightened system of criminal law.

Keywords:   criminal law, penal law, penal reform, prison, tort

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