
Crime and Punishment in the American Colonies
The History of the Legal Systems in North America Before the Revolutionary War
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Steve Knupp
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The American Revolution is replete with seminal moments that every American learns in school, from the “shot heard ‘round the world” to the Declaration of Independence, but the events that led up to the fighting at Lexington & Concord were borne out of 10 years of division between the British and their American colonies over everything from colonial representation in governments to taxation, the nature of searches, and the quartering of British regulars in private houses. From 1764-1775, a chain of events that included lightning rods like the Townshend Acts led to bloodshed in the form of the Boston Massacre, while the Boston Tea Party became a symbol of nonviolent protest.
The political and military nature of the Revolutionary War was just as full of intrigue. While disorganized militias fought the Battles of Lexington & Concord, George Washington would lead the Continental Army in the field while men like Thomas Jefferson drafted the Declaration of Independence in Philadelphia and Benjamin Franklin negotiated overseas in France. Benedict Arnold would become one of his nation’s most vital war heroes and its most notorious traitor, French forces would play a crucial role at the end of the war, and the Treaty of Paris would conclude the Revolution with one last great surprise.
Of course, even though the colonists broke free from Great Britain, plenty of British customs and practices affected the fledgling United States, particularly when it came to law. While the most notable ramifications can be found in the Fourth Amendment to the Constitution, which forbids illegal searches and seizures by the government, the extensive legal background from Britain impacted how American lawyers and courts operated as well, even as legal codes differed considerably from colony to colony because of their charters. The local codes had to broadly conform with the current laws in England, and the early equivalent of the Colonial Office examined colonial laws if someone sued.
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