Felony and the Guilty Mind in Medieval England
Book Details
Format
Paperback / Softback
Book Series
Studies in Legal History
ISBN-10
1108712746
ISBN-13
9781108712743
Publisher
Cambridge University Press
Imprint
Cambridge University Press
Country of Manufacture
US
Country of Publication
GB
Publication Date
Jul 9th, 2020
Print length
352 Pages
Weight
538 grams
Dimensions
15.30 x 22.90 x 2.60 cms
Ksh 7,100.00
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Drawing on a wide array of sources, including plea rolls, guides for confessors, and popular literature of the era, this book argues that issues of mind were central to jurors' determinations of whether a particular defendant should be convicted, pardoned, or acquitted outright in thirteenth- and fourteenth-century England.
This book explores the role of mens rea, broadly defined as a factor in jury assessments of guilt and innocence from the early thirteenth through the fourteenth century - the first two centuries of the English criminal trial jury. Drawing upon evidence from the plea rolls, but also relying heavily upon non-legal textual sources such as popular literature and guides for confessors, Elizabeth Papp Kamali argues that issues of mind were central to jurors'' determinations of whether a particular defendant should be convicted, pardoned, or acquitted outright. Demonstrating that the word ''felony'' itself connoted a guilty state of mind, she explores the interplay between social conceptions of guilt and innocence and jury behavior. Furthermore, she reveals a medieval understanding of felony that involved, in its paradigmatic form, three essential elements: an act that was reasoned, was willed in a way not constrained by necessity, and was evil or wicked in its essence.
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