Traditional Assumptions Of The Civil Justice History

Between the mid-1700s and the mid-1800s, the scientific revolution introduced experimentation, observation, and logic. At the same time a group of people, referred to as Philosophers, started to apply reason to propose a new social order which brought the Age of the Enlightenment. These people believed in the ideals of liberty and equality, which brought revolutions throughout Europe, and the colonies of North and Latin America. Before the Enlightenment, A major problem was that almost everyone was still in the medieval mindset. This consisted of the clergy and the king controlling large masses by using their lack of information and ‘blind trust’ in god.

Theme: The Scientific Revolution in the seventeenth century did not only change the human’s perception of the natural world, but also changed people’s way of thought. As a result of the scientific revolution, people began to use logic to establish social institutions and governments. The Age of Enlightenment was an intellectual movement that took place in the eighteenth century, in which reason, social reforms, and government advanced. Both, the Scientific Revolution and The Age of Enlightenment led to more secularism and individual freedom in Europe.

Between the 17th and 18th century, Enlightenment ideas that originated from France spread to other parts of Europe. Prior to the Enlightenment, absolute monarchs ruled most of Europe. Over time, citizens began to question the monarch’s power with ideas from philosophes such as Voltaire and John Locke. The philosophers concluded that society’s problems could be solved using a method of logic and reason. Also known as the Age of Reason, the Enlightenment inspired societal change and evolution. Through the use of logic and reason, enlightened despots of the 18th century were influenced by the social, political, and economic aspects of the Enlightenment.

With the ideas of The Age of Enlightenment growing in popularity, a new concept of criminal punishment came into play; the penitentiary. The

Social movements are one of the primary means through which the public is able to collectively express their concerns about the rights and wellbeing of themselves and others. Under the proper conditions, social movements not only shed light on issues and open large scale public discourse, but they can also serve as a means of eliciting expedited societal change and progress. Due to their potential impact, studying the characteristics of both failed and successful social movements is important in order to ensure that issues between the public and the government are resolved to limit injustices and maintain societal progress.

When it comes to court cases, every case that is heard in court is heard for one reason or another.

Olmstead vs. L.C., which is the case that led to the Olmstead Decision, is considered to be one of the most important civil rights cases during the 20th century (Zubritsky, Mullahy, Allen, & Alfano, 2006). The Olmstead Decision was put into place after two women with a diagnosis of mental illness and developmental disability were voluntarily placed in a psychiatric facility and remained institutionalized for years. Even after efforts made by the women’s staff members to move them into a community setting, they were not moved until the Supreme Court’s 1999 decision in the Olmstead case (Cashmore, 2014).

Today, almost everyone thinks that the majority of the problems that our world has faced in the past have vanished, but most of them are still alive and thriving in our society today. In the past, the Civil Rights Movement showed a great deal of growth in our society for the better. It gave people, mostly African Americans, the chance to have the same life experience as everyone else. People, black or white, can now vote, have equal rights, and freedom for all eternity. Our world today still faces main conflicts such as classism, sexism, and racism that relates and not relates to what people were fighting for justice during the Civil Rights Movement.

Crime and the laws that are around are very different from the ones now. They were called acts back then. The worst one being the “Waltham Black Act” which was punished with death if received. But these crimes could only be carried out by Assize judges. But scores of offensive against rural property, from preaching hares to arson if criminal was armed or distinguished. The progressive reduction of capital punishment chooses in procedure that gave greater protection to defendants, the invention of the penitentiary which was a type of prison people were held at, were projects usually supported by the same men. These projects occurred multiple times and worked most of the time and were very useful. In the Pennsylvania legislature passed a bill recognizing the difference between first-degree murder (a deliberate and planned act to kill) that received the death penalty, and second-degree murder (an unplanned or accidental killing) that called for imprisonment. It was the first law of its kind calling for different levels of punishment for different kinds of murder. In the 1800s, this was very different from what they do. Usually the punishment was given no matter what the type of murder was done. There are similarities to now. Like for example death can still be given now, but it so rare for it to actually be done and it takes more than more than one murder or whatever the crime may be, unlike then when one was all it took. Another big thing that took place was torture.Torture was mainly given out to eyewitnesses or voluntary confessions that would not say anything, or that would not commit the crime. They had a act for this and it was called the European Law of Torture. Also, for about a millennium from the middle of

Before the Enlightenment, every law and every decision was made and accepted, only by the King. There was a traditional social structure consisting of the monarchy on the top, followed by the nobles and clergy, and then all of the lower class on the bottom, which included peasants, merchants, and craftsman. When the people of the Western a Society began to receive ideas from Enlightenment scholars and thinkers, the began to realize how wrong the ways of the King were. They began to revolt against and disagree with these ways of the King. These people, motivated by the ideas of the Enlightenment, challenged the traditional social and political structures of the Western society to eventually lead to human rights for everyone.

Ida B Wells-Barnett once said, “The matter came up for judicial investigation, but as might have been expected, the white people concluded it was unnecessary to wait the result of the investigation—that it was preferable to hang the incriminated first and try him afterward.” Before the civil rights movement happened, this kind of unfairness towards blacks was very common. The time period during and after the civil rights movement will be remembered in American history for a very long time. During this time black people had a very hard time. The reconstruction movement was to provide equality for black lives in the United States. There were many different things that happened to get equality for black lives. Including many marches,

The Revolution brought with it numerous reforms with regards to what freedom entails. During this period,

Classical Criminology first emerged in the 18th century when individuals started to rebel against the harsh punishments given across Europe and America. Punishments rarely fit the crime and were severe and excessive as a tool to scare individuals from committing crime. Before this, was considered the enlightenment period, which was an era of thinking crime, was solely the product of evil and deserved to be punished severely. Religious views dominated the criminal justice system suggesting criminality was the result of the devil. Punishments were often barbaric and ruthless. Then the feudal system started to develop and individuals were employed as police and judges to maintain social order. However the courts were unjust and usually lenient to those of the upper class. Cesare Beccaria (1738-1794) is probably most well known as the founding father of the school of classical criminology. He protested against the current legal system and pushed for those in power to see that individuals are rational beings and deserve rational repercussions. In his most popular work; Essay on Crimes and Punishments, he protested against the cruel punishments and suggested that they must only be equal to that of the crime itself and revolutionised the criminal justice system with his ideals on how to make the most effective punishment, without maximum damage of the individual. He believed that “Punishment is only justified to the extent that the offender has infringed the rights of others or

The Enlightenment era was a heavy influence on the French Revolution to find ways to govern people in society after the absolute monarchy of King Louis XVI. The beliefs of the Enlightenment, including Locke’s “natural rights”, Voltaire’s free society; and Rousseau’s social contract and general will, ultimately swayed ideas towards to understanding aspects of life and

Glorious Revolution of 1688 solidly settled a Protestant government together with successful manage by Parliament. The new investigation of the time, Newtonian material science, strengthened the conviction that everything, including human direct, is guided by a levelheaded request. Balance and judgment skills got to be distinctly savvy values and also gauges of conduct. (English Literature the Eighteenth Century)