Victorian Era Judicial System

Superior Essays
Victorian Era Legal systems and their follies- Close Reading of The Case of Eliza Fenning
The Case of Eliza Fenning contests the concreteness of the judicial system during the Victorian era, her guilt would be argued for years after her sentence of guilt and thus her death. This lead to the case that the judicial system needed to be improved, as well as doctors and forensic science. In the text, when John Marshall arrived he automatically constituted Eliza’s illness was due to her eating some of the tainted dumplings in order to avoid suspicion. Prosecution at the time was generally centered around the motive and the reaction and interaction with the accused. The witnesses all testified that Eliza was the only one in the kitchen when the food
…show more content…
The people who were supposed to be the experts were improperly trained in most instances. The want to find the truth and to bring people to justice was not apparent this early on in the court. Many cases were decided in such a manner because of convenience, based on the social class of the defendant in comparison to the victim and there was crooked judges or magistrates. This case was one of those which spurred the need for improvement of the scientific aspect of the court system because people’s lives were depending on it. This is another flaw of the judicial system of the Victorian Era, people’s lives depended on the word of another person.

The first issue with the manner in which criminals were dealt with in the Victorian era was that the task of reporting and catching a criminal to be brought to justice was the responsibility of the victim. Although, maybe more prepared for a task as such than today’s common john doe, it is imagined that there was a wide margin of error due to the lack of professional aid (again the experts were not so
…show more content…
This, in the Case of Eliza Fenning, would be the vast majority of the recorded court proceedings in which John Marshall, Charlotte Turner, Orlibar Turner, Rodger Gadsen, and many more gave their versions of the happenings. Very little was actually recorded as a statement by the defendant of the case, which seems problematic because that is a whole facet of the investigation that seems to be left out. Aliza had a defense attorney, Mr. Alley, that was paid a very small amount as well as for £5. This was opposed to the rather wealthy Turner family who had an array of legal advisor and higher knowledge of the courtroom disposition. In todays court if there is a conflict of interest the witness would be dismissed to maintain a certain fairness. Eliza case specifically was peppered with different circumstances in which there was a conflict of interest favoring the Turners. A friend of the Turners was the clerk of the magistrate and had been the one that made to arrest of Mrs. Fenning. Also Thomas King, the other apprentice that worked with Eliza denied to testify on behalf of her innocence for unknown reasons. If he would have testified then there would have been evidence that supported that Eliza would not have known where the arsenic was kept in the house. (The papers for which the apprentices would light the fire were located in the

Related Documents

  • Improved Essays

    Polarising the nation, The Queen v Baden-Clay case demonstrates the extent to which the Australian media can adversely affect the success of legal proceedings. The Australian adversarial system enforces strict rules of procedure, which are imperative to achieve equality and adequate protection in society. Although it is deemed effective, imperfections are evident (Skwirk Online Education, Nd). The Gerald Baden-Clay case highlights the strengths and weaknesses of the criminal justice system through the efficiency of the standard of evidence, rights of the accused, precedent and appeal used within the relentless trial to prove an accused murderer guilty.…

    • 1121 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Apush Chapter 6 Vocab

    • 1158 Words
    • 5 Pages

    Chapter 6 Vocab: 1. Samuel de Champlain - French explorer who established Quebec on the St. Lawrence River area and became known as the "Father of New France" 2. Huguenots - French Protestants who received limited toleration from the Edict of Nantes 3. coureurs de bois - French beaver hunters and fur traders who were often of mixed Amerindian heritage 4. voyageurs - French-Canadian fur traders and beaver hunters who often recruited Indians 5. Albany Congress - Inter-colonial congress called in 1754 by the British to unify the colonies and assure support from the Iroquois in war against the French.…

    • 1158 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    George Percy 's article was a primary of the experiences and hardships the settlers had when they first landed in Jamestown, Virginia in 1609. In the Examination of Ann Foster, the woman Anne Foster, confesses to being a witch. The author is a witness to her confession, making it a primary source. The author is trying to create a scene in Oregon during the Salem Witch Trials, and he does this by writing about Anne Foster 's experiences.…

    • 1149 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Escaping Salem, as the title states, recounts the events surrounding witch trials outside of the infamous Salem, Massachusetts. Godbeer takes us to the same time period, but a different location Stamford, Connecticut, where a witch hunt is taking place. This book tells us how this witch hunt “took a very different course from the panic in Massachusetts” (Godbeer 7). In his book, Godbeer presents the readers with a sense of how witchcraft was understood and dealt with in the seventeenth century New England colonies. Before reading this book, I have always had the impression that the Salem witch trials were not just limited to that one area and not the only ones in the whole of American history, but the Salem witch trials are almost certainly…

    • 1097 Words
    • 5 Pages
    Improved Essays
  • Superior Essays

    The Wrongful Conviction of Steven Truscott It was the evening of June 9, 1959 when 14-year-old Steven Truscott had been seen giving 12-year-old classmate, Lynne Harper, a ride on the handlebars of his bike (Makin, 2016). The two separated at the intersection of County Road and Highway 8 (Harland-Logan, n.d.), only for Harper’s father to report his daughter missing shortly after (Harland-Logan, n.d.). Her body was found near a wooded area called Lawson’s Bush on June 11, 1959 (Makin, 2016), and she had been sexually assaulted and strangled to death (Harland-Logan, n.d.). Four days later, Steven Truscott was charged with the murder of Lynne Harper (Harland-Logan, n.d.).…

    • 1768 Words
    • 8 Pages
    Superior Essays
  • Improved Essays

    The Salem witchcrafts, consisted as multiple demonic spirits tortured a pure, God fearing soul, in retaliation to uneasy affairs with the servants’ guardian family. While reading Escaping Salem, I gathered that in this earlier century, England was known to be very traditional, family-oriented, and deeply invested in their Puritan religion, women were also considered a substitution for men, in terms of labor. Along with collecting information from online resources, about how these witch trials not only occurred in the 1600s, but also far thereafter, the book also provided examples of many witches, Elizabeth Seager, and Katherine Harrison; who escaped conviction, due to the lack of tangible evidence. One lenient evening in October 1692, was expected to progress routinely, until the moment Katherine Branch, a servant of the Wescot household, went out to fetch herbs, and returned in an altered mental state.…

    • 574 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    The 1741 New York Conspiracy Trials was the product of several factors such as racism, fear of slave rebellion and foreign invasion. During the 1740’s, English colonists in New York City felt anxious as they worried about Spanish and French invasions to gain control of North America. In addition, they feared the heavy immigration of Irish immigrants, who may have been Spanish spies. Above all, they were scared of a slave revolt due to the city's growing slave population. They feared a rebellion that could possibly overthrow the white dominant government.…

    • 847 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    The fifth amendment is part of the bill of rights in which each amendment specifies not only our rights but our protections against the government when needed. It is stated within the amendment that “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury…”. Similarly, it is also divided into three separate clauses that enhance the major phases when dealing in a criminal investigation and prosecutions. The first one is the grand jury, secondly right to self-incrimination, and finally double jeopardy. The way it came to be in this order was due to not only history, but by also the clarification Alfredo Garcia initiated.…

    • 1912 Words
    • 8 Pages
    Improved Essays
  • Great Essays

    Cornelia Hughes Dayton utilizes, as Hemphill does, a primarily legal based methodology in her article “Taking the Trade: Abortion and Gender Relations in an Eighteenth Century New England Village. Examining a variety of depositions and legal documents surrounding a fornication trial in Pomfret, Connecticut, Dayton argues two major fundamental shifts occurred by the 1740s which highlighted how different their society was from that of the Puritan dominated seventeenth century. First, there was a loss of institutional control, both in the ability of the courts to obtain guilty verdicts in cases of moral depravity, e.g., pre-marital sex, and the growing tendancy for families to avoid the court system altogether, choosing instead to handle such matters privately. (Dayton Abortion, 34-35) The second major change which began around the turn of the eighteenth century and was firmly established by the time of the Grosvenor-Sessions case was the emergence of a sexual double standard.…

    • 1206 Words
    • 5 Pages
    Great Essays
  • Improved Essays

    The New York conspiracy trials of 1741 were a plot by slaves and poor whites in the British colony of New York in 1741 to revolt and level New York City with a series of fires. The conspiracy trials started off with a tavern burglary involving a slave, John Gwin who stole the goods, and a tavern keeper, John Hughson who helped dispose the goods. Then a series of fires occurred after the theft. In addition to the investigation of the tavern burglary and the series of fire, a hint from an informant lead to the Supreme Court to believe these activities were connected and suspected a citywide conspiracy. The trials targeted black and white, male and female, slave and free.…

    • 1034 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Introduction In 1663, Brunswick, Germany was “swamped with refugees [which led to] overcrowding, brought disease and exacerbated outbreaks of the plague” compounded by multiple bad winters which caused additional social stress, anxiety, and hardships (Morton & Dähms, 2006, p. xv). Brunswick was a “fortified, medium city [that was] “predominately Protestant” of practicing Lutherans (Van Heyst, n.d., p. 113). Religion, “popular beliefs and common social characteristics of witches… [which] were typically women, widows, elderly, and largely dependent on their family” fueled the witch stereotype and accusations during this era (Van Heyst, n.d., p. 114).…

    • 1818 Words
    • 8 Pages
    Improved Essays
  • Improved Essays

    The period of c1886-c1926 saw great changes in investigative methods and thus lead to huge development in policing and how crime was dealt with. Such changes include the creation of the CID, and have shown to have more significance than others. For example, the introduction of forensic science enabled police to convict criminals in multiple cases, such as George Joseph Smith and Dr Crippen, rather than the use of telegram which only showed major significance in the Crippen case. A great flaw in 19th century policing regards the very few investigative methods available to detectives at the time.…

    • 851 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    The Fifth Amendment

    • 857 Words
    • 4 Pages

    The United States government under the articles of confederation was an almost unmitigated failure. In an attempt to protect the sovereignty of the individual states, the federal government was given practically no power. After the Shays Rebellion of 1791, it became apparent that changes were necessary, and the United States federal government was reorganized under the Constitution of the United States. Concurrently, concerns about citizens’ rights led to the ratification of the Bill of Rights alongside the constitution. Each of these amendments to the Constitution is essential in their own way, but perhaps the most important of the amendments was the fifth, which codified the right to refuse to be a witness against oneself in a criminal case.…

    • 857 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    In Exodus 22:18, the bible proclaims, “Thou shalt not suffer a witch to live.” In 1692, in Salem, Massachusetts, the Puritans believed that witches existed, The Bible states, “Thou shalt not suffer a witch to live” and because of this belief twenty innocent people were sent to their death. What caused the Salem witch trial hysteria of 1692? Age, gender, marital status, notoriety, and a divided town.…

    • 447 Words
    • 2 Pages
    Improved Essays
  • Great Essays

    Topic: Psychological Profiling General Purpose: To inform Specific Purpose: To inform my audience about psychological profiling. Central Idea Statement/Thesis: I will discuss (1) what psychological profiling is, (2) the profiling of Jack the Ripper, and (3) the most important uses of psychological profiling. Introduction I. [Attention Getter] Which well-known murderer is not defined as a serial killer? (Pictures of known offenders) II.…

    • 1236 Words
    • 5 Pages
    Great Essays