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YANG Songtao: The Expansion of Arrest Power in Criminal Prosecution and Its Impact in Eighteenth Century England
April 24, 2025  

Abstract:In British history,criminal justice heavily involved public participation,with the arrest of suspects primarily carried out by ordinary individuals,while official policing forces played a supporting role. From the late 17th to early 18th centuries,the role of constable became increasingly bureaucratic,leading to an expansion of their arrest powers,allowing arrests based on others’ suspicions. Legal scholars questioned the legitimacy of this expanded authority,and some advocated for due process to protect personal liberty and to limit the arrest power of constable. However,these ideas did not significantly alter law enforcement practices at the time. Arrests under laws against nightwalking and vagrancy often targeted lower-class women. The expansion of arrest power in 18thcentury English criminal prosecutions shows clear gender and class biases.

Keywords:18th century;England;arrest;gender;constable

Published on Journal of Sun Yat-sen University(Social Science Edition),Issue 2, 2025.

   

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