I object, Your Honor
I object to the lack of structure in the justice system of England in the 18th century! Throughout the 1700's, England began to form a more modern court system, with the addition of paid attorneys by the turn of the century.
There are a few pretty important court scenes in the novel, the first being in England as Charles Darnay is accused of treason. Hopefully this break down of England's court system will give you a better understanding of Darnay's trial.
Criminal Justice
All felonies were tried at one court - the Old Bailey, located in London, with the exception of felonies committed in the City of London, Westminster, and Middlesex counties. They tried felonies separately.
Misdemeanors were tried at sessions of the peace by Justices of the Peace.
Minor offenses (mainly offenses of the poor) were subject to summary justice. The convictions were done by one or two Justices of the Peace without a trial. Normally, the poor were sentenced to houses of correction, whipping, or a fine.
Statutory rewards for convictions of accused encouraged more people to prosecute openly and frequently. All citizens of England were protected by the rule of law, so theoretically anyone could prosecute against someone who had wronged them. At this point in time, there weren't actual "attorneys". People known as thief-takers became popular by gaining rewards from convicting offenders and from private rewards of victims who wanted stolen goods returned to them. The Bow Street Runners branched from the thief-takers; they found and arrested perpetrators of crimes. At this point, watchmen and constables were just beginning to become paid employees. Up until the introduction of the Bow Street Runners, watchmen, and constables, private prosecutors were depended on to enforce the law because there were no policemen.
The Courts
All petty offenses were tried at sessions of the peace with the Justices of the Peace.
Offenses against the peace were offenses such as assault and riot.
Property offenses were offenses such as petty theft, receiving stolen goods, fraud, trespassing, etc.
Disorderly houses were offenses along the lines of keeping an alehouse (bar) without a license, keeping a disorderly alehouse, and keeping brothels.
Regulatory offenses were offenses such as failure to serve on the nightwatch, failure to repair the highway, among others.
The Old Bailey heard most trials. They were predominantly heard by judges from high courts of Westminster, as well as principal officers from the City of London county. Most Justices of the Peace for Middlesex were not allowed nor included in commissions at Old Bailey.
The King's Bench was the high court of Westminster who mainly heard misdemeanors. They were more expensive; however, they had their advantages: the punishments were usually more severe, it was possible that defendants had to pay costs and damages, and cases gained more publicity through the King's Bench.
The Criminal Trial System
In the 1700's, lawyers were not usually present in the courts. A large number of defendants were acquitted, or were charged with reduced verdicts.
Trial Procedure
Those charged with minor offenses were sent to court before trial, and those charged with major offenses were sent to prison to await trial. Clerks formed indictments based on information gathered from Justices of the Peace, prison keepers, and victims. The charges of the accused would determine the type of punishment - either capital or non-capital.
At the start of the session, the grand jury, comprised of middle and upper class men, met to see if there was enough evidence against the accused to have a trial before a trial jury. If the grand jury approved the case, it was labeled a true bill and went to trial. If the grand jury rejects the case, it was labeled ignoramus and discarded. A very substantial minority were labeled ignoramus.
In true bill cases, defendants were brought to court, formally charged, and asked to plea. In sessions of the peace, 25% of the defendants tried plead guilty at the start, while at the Old Bailey most defendants plead not guilty, as the punishment for felonies was usually death. Pleading not guilty was encouraged by judges at the Old Bailey, as it led to an investigation, and the trial allowed them to learn more about the crime and assign a punishment.
Until the introduction of lawyers, trials were run as direct confrontations between the prosecutor and the defendant. First, the prosecutor presented their case and called witnesses to testify in their favor under oath. Then, the defendant, who was not sworn under oath, responded to the accusations of the prosecutor and called their own witnesses to testify in their favor under oath. Cross examinations were conducted by judges, respective parties, or eventually lawyers. Finally, the judge summed up the case and the jury supplied the verdict. Most trials lasted only a half hour.
Trial Jurors
Trial jurors were all middle and upper class men. They all had to meet a property qualification in order to serve. For example, the 1730 Jury Act declared that jurors in Middlesex county had to possess 100 pounds in order to serve (1 British pound = 1.64 U.S. dollars). While some upper class men served on trial juries, it was primarily comprised of middle class citizens. Jurors were typically of a higher social status and different sex than the defendant; the unfair jury, along with the speed of trials and the difficulty of compiling cases for defendants in jail, caused for disadvantages for the defendant.
Testimonies
Professional testimonies grew to become important; Bow Street Runners, doctors, midwives, and other professionals began to be called as witnesses in trials. Between 1730 and 1760, medical testimonies were used in approximately 50% of all murder cases, with surgeons being the most common to testify on the cause of death. Professional testimonies were most often called for the prosecution, as defense testimonies were commonly curtailed. Defendants testified themselves, and they looked bad going against the findings of a professional. Some defendants who were up against medical testimonies that they could not disprove admitted their guilt, but plead "extenuating circumstances" in hopes for a partial verdict and reduced punishment or acquittal. Many female defendants claimed poverty or distress and plead for mercy.
The Introduction of Lawyers
Lawyers first began to appear at the end of the seventeenth century. They primarily participated in the pre-trial process. At the beginning of the eighteenth century, lawyers for the prosecution were allowed to be present in all trials; however, most prosecutors weren't present during felony trials until the 1720's and 1730's. Because lawyers were only present for the prosecution, and not the defense, many red flags were raised in concern for the legitimacy of the trial.
There were initially two types of lawyers: solicitors and barristers.
Solicitors prepared cases for the prosecution as well as advised and prepared witnesses for trial. They often acted as magistrates' clerks and were used significantly by government departments, such as the Bank of England and the Post Office. They were employed by prosecutors of indictments for assault. Unfortunately, solicitors had access to evidence and the witnesses; they could easily tamper with either, and many did.
Barristers, such as Mr. Stryver of A Tale of Two Cities, conducted cases in the courtrooms for either side. In the 1730's, judges were influenced by the concerns of the public to allow barristers for the defense to be present during trials. They did not appear frequently in courtrooms until the 1780's, when they began to appear on at least one side in 10% of cases that were tried at the Old Bailey. Barristers for the defense were not allowed to directly address the jury until 1836.
The sudden increase in defense counsels during the 1770's and 1780's were caused by the use of imprisonment as punishment, the introduction of hulks, or large ships used to fix overcrowding of prisons, and the resumption of transporting those found guilty to Australia.
Punishment
Those found guilty were sentenced by either Justices of the Peace at sessions, or by judges at the Old Bailey.
Misdemeanors
Most found guilty of misdemeanors were fined; the severity of the fine was determined by a statute or the Justice. The Justice judged the nature of the offense, as well as the sex and social status of the offender. Some were sentenced to prison, houses of correction, whipping, or the pillory.
Death
For those sentenced to death, the outcome didn't look too good. The King was able to grand pardons to those he didn't want to see executed. He and the court paid attention to the nature of the offense at hand, the character of the prisoner, and the state of the crime. The proportion of convicts executed increased during a crime wave in the 1780's; however, there was a certain uneasiness to execute. The authorities limited the number of executions for fear of alienating or antagonizing social classes and leading to disorder in the public.
Transportation and Hulks
Transportation and hulks were addressed in the aforementioned section. Hulks, the special ships to eliminate prison overcrowding, were rampant with disease. Many prisoners died of typhus.
Imprisonment
Prisons were typically places to hold the accused criminals as well as convicts while they waited for their trials and carried out their sentences. Most prisons contained an extremely large number of debtors, above all else.
Pardons and Pleading the Belly
Some defendants were recommended for pardons; some had to plea for them. Many were lucky enough to be pardoned by the King. Women, however, took another route. They could claim they were pregnant if they were sentenced to death. They were then judged by a jury of matrons. If they were deemed "quick with child", or if the matrons sensed the movement of the child in their bellies, their punishment was put off until after the birth of their child. Often times, women were then freed of their sentence. Half of the women sentenced to death plead their bellies; of those women, two thirds were found "quick with child". Either there were a lot of pregnant women at the time, or the female defendants were able to find sympathy in their jury of matrons.
There are a few pretty important court scenes in the novel, the first being in England as Charles Darnay is accused of treason. Hopefully this break down of England's court system will give you a better understanding of Darnay's trial.
Criminal Justice
All felonies were tried at one court - the Old Bailey, located in London, with the exception of felonies committed in the City of London, Westminster, and Middlesex counties. They tried felonies separately.
Misdemeanors were tried at sessions of the peace by Justices of the Peace.
Minor offenses (mainly offenses of the poor) were subject to summary justice. The convictions were done by one or two Justices of the Peace without a trial. Normally, the poor were sentenced to houses of correction, whipping, or a fine.
Statutory rewards for convictions of accused encouraged more people to prosecute openly and frequently. All citizens of England were protected by the rule of law, so theoretically anyone could prosecute against someone who had wronged them. At this point in time, there weren't actual "attorneys". People known as thief-takers became popular by gaining rewards from convicting offenders and from private rewards of victims who wanted stolen goods returned to them. The Bow Street Runners branched from the thief-takers; they found and arrested perpetrators of crimes. At this point, watchmen and constables were just beginning to become paid employees. Up until the introduction of the Bow Street Runners, watchmen, and constables, private prosecutors were depended on to enforce the law because there were no policemen.
The Courts
All petty offenses were tried at sessions of the peace with the Justices of the Peace.
Offenses against the peace were offenses such as assault and riot.
Property offenses were offenses such as petty theft, receiving stolen goods, fraud, trespassing, etc.
Disorderly houses were offenses along the lines of keeping an alehouse (bar) without a license, keeping a disorderly alehouse, and keeping brothels.
Regulatory offenses were offenses such as failure to serve on the nightwatch, failure to repair the highway, among others.
The Old Bailey heard most trials. They were predominantly heard by judges from high courts of Westminster, as well as principal officers from the City of London county. Most Justices of the Peace for Middlesex were not allowed nor included in commissions at Old Bailey.
The King's Bench was the high court of Westminster who mainly heard misdemeanors. They were more expensive; however, they had their advantages: the punishments were usually more severe, it was possible that defendants had to pay costs and damages, and cases gained more publicity through the King's Bench.
The Criminal Trial System
In the 1700's, lawyers were not usually present in the courts. A large number of defendants were acquitted, or were charged with reduced verdicts.
Trial Procedure
Those charged with minor offenses were sent to court before trial, and those charged with major offenses were sent to prison to await trial. Clerks formed indictments based on information gathered from Justices of the Peace, prison keepers, and victims. The charges of the accused would determine the type of punishment - either capital or non-capital.
At the start of the session, the grand jury, comprised of middle and upper class men, met to see if there was enough evidence against the accused to have a trial before a trial jury. If the grand jury approved the case, it was labeled a true bill and went to trial. If the grand jury rejects the case, it was labeled ignoramus and discarded. A very substantial minority were labeled ignoramus.
In true bill cases, defendants were brought to court, formally charged, and asked to plea. In sessions of the peace, 25% of the defendants tried plead guilty at the start, while at the Old Bailey most defendants plead not guilty, as the punishment for felonies was usually death. Pleading not guilty was encouraged by judges at the Old Bailey, as it led to an investigation, and the trial allowed them to learn more about the crime and assign a punishment.
Until the introduction of lawyers, trials were run as direct confrontations between the prosecutor and the defendant. First, the prosecutor presented their case and called witnesses to testify in their favor under oath. Then, the defendant, who was not sworn under oath, responded to the accusations of the prosecutor and called their own witnesses to testify in their favor under oath. Cross examinations were conducted by judges, respective parties, or eventually lawyers. Finally, the judge summed up the case and the jury supplied the verdict. Most trials lasted only a half hour.
Trial Jurors
Trial jurors were all middle and upper class men. They all had to meet a property qualification in order to serve. For example, the 1730 Jury Act declared that jurors in Middlesex county had to possess 100 pounds in order to serve (1 British pound = 1.64 U.S. dollars). While some upper class men served on trial juries, it was primarily comprised of middle class citizens. Jurors were typically of a higher social status and different sex than the defendant; the unfair jury, along with the speed of trials and the difficulty of compiling cases for defendants in jail, caused for disadvantages for the defendant.
Testimonies
Professional testimonies grew to become important; Bow Street Runners, doctors, midwives, and other professionals began to be called as witnesses in trials. Between 1730 and 1760, medical testimonies were used in approximately 50% of all murder cases, with surgeons being the most common to testify on the cause of death. Professional testimonies were most often called for the prosecution, as defense testimonies were commonly curtailed. Defendants testified themselves, and they looked bad going against the findings of a professional. Some defendants who were up against medical testimonies that they could not disprove admitted their guilt, but plead "extenuating circumstances" in hopes for a partial verdict and reduced punishment or acquittal. Many female defendants claimed poverty or distress and plead for mercy.
The Introduction of Lawyers
Lawyers first began to appear at the end of the seventeenth century. They primarily participated in the pre-trial process. At the beginning of the eighteenth century, lawyers for the prosecution were allowed to be present in all trials; however, most prosecutors weren't present during felony trials until the 1720's and 1730's. Because lawyers were only present for the prosecution, and not the defense, many red flags were raised in concern for the legitimacy of the trial.
There were initially two types of lawyers: solicitors and barristers.
Solicitors prepared cases for the prosecution as well as advised and prepared witnesses for trial. They often acted as magistrates' clerks and were used significantly by government departments, such as the Bank of England and the Post Office. They were employed by prosecutors of indictments for assault. Unfortunately, solicitors had access to evidence and the witnesses; they could easily tamper with either, and many did.
Barristers, such as Mr. Stryver of A Tale of Two Cities, conducted cases in the courtrooms for either side. In the 1730's, judges were influenced by the concerns of the public to allow barristers for the defense to be present during trials. They did not appear frequently in courtrooms until the 1780's, when they began to appear on at least one side in 10% of cases that were tried at the Old Bailey. Barristers for the defense were not allowed to directly address the jury until 1836.
The sudden increase in defense counsels during the 1770's and 1780's were caused by the use of imprisonment as punishment, the introduction of hulks, or large ships used to fix overcrowding of prisons, and the resumption of transporting those found guilty to Australia.
Punishment
Those found guilty were sentenced by either Justices of the Peace at sessions, or by judges at the Old Bailey.
Misdemeanors
Most found guilty of misdemeanors were fined; the severity of the fine was determined by a statute or the Justice. The Justice judged the nature of the offense, as well as the sex and social status of the offender. Some were sentenced to prison, houses of correction, whipping, or the pillory.
Death
For those sentenced to death, the outcome didn't look too good. The King was able to grand pardons to those he didn't want to see executed. He and the court paid attention to the nature of the offense at hand, the character of the prisoner, and the state of the crime. The proportion of convicts executed increased during a crime wave in the 1780's; however, there was a certain uneasiness to execute. The authorities limited the number of executions for fear of alienating or antagonizing social classes and leading to disorder in the public.
Transportation and Hulks
Transportation and hulks were addressed in the aforementioned section. Hulks, the special ships to eliminate prison overcrowding, were rampant with disease. Many prisoners died of typhus.
Imprisonment
Prisons were typically places to hold the accused criminals as well as convicts while they waited for their trials and carried out their sentences. Most prisons contained an extremely large number of debtors, above all else.
Pardons and Pleading the Belly
Some defendants were recommended for pardons; some had to plea for them. Many were lucky enough to be pardoned by the King. Women, however, took another route. They could claim they were pregnant if they were sentenced to death. They were then judged by a jury of matrons. If they were deemed "quick with child", or if the matrons sensed the movement of the child in their bellies, their punishment was put off until after the birth of their child. Often times, women were then freed of their sentence. Half of the women sentenced to death plead their bellies; of those women, two thirds were found "quick with child". Either there were a lot of pregnant women at the time, or the female defendants were able to find sympathy in their jury of matrons.