Macdaniel affair

Last updated

Illustration of Stephen Macdaniel Stephen Macdaniel Thief Taker.jpg
Illustration of Stephen Macdaniel

The Macdaniel affair or Macdaniel scandal was a political scandal in the United Kingdom. In 1754, a group of bounty hunters, led by Stephen MacDaniel, were revealed to have been prosecuting innocent men to their deaths in England in order to collect reward money from bounties. [1] The scandal was an unintended consequence of the British government offering rewards for the capture of criminals, as before those rewards were instituted, thief-takers depended primarily on privately funded rewards from victims seeking return of stolen property or other restitution. The Macdaniel affair formed part of the impetus for the formation of salaried public police forces, who did not depend on rewards, to combat crime in the country. [2] [3] [4] [5]

Related Research Articles

In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term crime does not, in modern criminal law, have any simple and universally accepted definition, though statutory definitions have been provided for certain purposes. The most popular view is that crime is a category created by law; in other words, something is a crime if declared as such by the relevant and applicable law. One proposed definition is that a crime or offence is an act harmful not only to some individual but also to a community, society, or the state. Such acts are forbidden and punishable by law.

Police Law enforcement body

The police are a constituted body of persons empowered by a state, with the aim to enforce the law, to ensure the safety, health and possessions of citizens, and to prevent crime and civil disorder. Their lawful powers include arrest and the use of force legitimized by the state via the monopoly on violence. The term is most commonly associated with the police forces of a sovereign state that are authorized to exercise the police power of that state within a defined legal or territorial area of responsibility. Police forces are often defined as being separate from the military and other organizations involved in the defense of the state against foreign aggressors; however, gendarmerie are military units charged with civil policing. Police forces are usually public sector services, funded through taxes.

Criminal justice Justice to those who have committed crimes

Criminal justice is the delivery of justice to those who have been accused of committing crimes. The criminal justice system is a series of government agencies and institutions. Goals include the rehabilitation of offenders, preventing other crimes, and moral support for victims. The primary institutions of the criminal justice system are the police, prosecution and defense lawyers, the courts and prisons.

The Bow Street Runners have been called London's first professional police force. The force originally numbered six men and was founded in 1749 by magistrate Henry Fielding, who was also well known as an author. Bow Street Runners was the public's nickname for the officers, although the officers did not use the term themselves, considering it derogatory. The group was disbanded in 1839 and its personnel merged with the Metropolitan Police Service.

Fugitive Person who flees from custody.

A fugitive is a person who is fleeing from custody, whether it be from jail, a government arrest, government or non-government questioning, vigilante violence, or outraged private individuals. A fugitive from justice, also known as a wanted person, can be a person who is either convicted or accused of a crime and hiding from law enforcement in the state or taking refuge in a different country in order to avoid arrest.

Bounty (reward) Payment or reward

A bounty is a payment or reward of money to locate, capture or kill an outlaw. Two modern examples of bounties are the ones placed for the capture of Saddam Hussein and his sons by the United States government and Microsoft's bounty for computer virus creators. Those who make a living by pursuing bounties are known as bounty hunters.

Hudud Category of offense in Islamic law

Hudud is an Arabic word meaning "borders, boundaries, limits". In the religion of Islam it refers to punishments that under Islamic law (shariah) are mandated and fixed by God as per Islam. These punishments were rarely applied in pre-modern Islam, and their use in some modern states has been a source of controversy.

The "Bloody Code" was the system of crimes in England in the 18th and early 19th centuries. It was not referred to as such in its own time, but the name was given later owing to the sharply increased number of people given the death penalty, even for crimes considered minor or misdemeanor by 21st century standards.

Fence (criminal) Person who knowingly buys stolen goods in order to later resell them for profit

A fence, also known as a receiver, mover, or moving man, is an individual who knowingly buys stolen goods in order to later resell them for profit. The fence acts as a middleman between thieves and the eventual buyers of stolen goods who may not be aware that the goods are stolen.

Charles Hitchen, also mentioned as Charles Hitchin in other sources, was a "thief-taker" and under-marshal of the City of London in the early 18th century, also, famously tried for homosexual acts and sodomitical offences. Alongside his former assistant and then a major rival Jonathan Wild, against whom he later published a pamphlet and contributed to his sentencing to death, Hitchen blackmailed and bribed people and establishments irrespective of their reputation, suspicious or respectable. Despite the disgrace of the people he earned through his abusive exercising of his power, he remained in power and continued fighting against violent crime, especially after the ending of the war of the Spanish Succession and until 1727.

Throughout the history of criminal justice, evolving forms of punishment, added rights for offenders and victims, and policing reforms have reflected changing customs, political ideals, and economic conditions.

Watchman (law enforcement) Law enforcement occupation

Watchmen were organised groups of men, usually authorised by a state, government, city, or society, to deter criminal activity and provide law enforcement as well as traditionally perform the services of public safety, fire watch, crime prevention, crime detection, and recovery of stolen goods. Watchmen have existed since earliest recorded times in various guises throughout the world and were generally succeeded by the emergence of formally organised professional policing.

Preventive police is that aspect of law enforcement intended to act as a deterrent to the commission of crime. Preventive policing is considered a defining characteristic of the modern police, typically associated with Robert Peel's London Metropolitan Police, established in 1829. In recent years, however, British police have abandoned the idea of preventive policing in favour of "quick response".

Thief-taker

In English legal history, a thief-taker was a private individual hired to capture criminals. The widespread establishment of professional police in England did not occur until the 19th century. With the rising crime rate and newspapers to bring this to the attention of the public, thief-takers arose to partially fill the void in bringing criminals to justice. These were private individuals much like bounty hunters. However, thief-takers were usually hired by crime victims, while bounty hunters were paid by bail bondsmen to catch fugitives who skipped their court appearances and hence forfeited their bail. Both types also collected bounties offered by the authorities.

Islamic criminal jurisprudence

Islamic criminal law is criminal law in accordance with Sharia. Strictly speaking, Islamic law does not have a distinct corpus of "criminal law". It divides crimes into three different categories depending on the offense – Hudud, Qisas, and Tazir. Some add the fourth category of Siyasah, while others consider it as part of either Hadd or Tazir crimes.

Horse theft

Horse theft is the crime of stealing horses. A person engaged in stealing horses is known as a Musky. Historically, punishments were often severe for horse theft, with several cultures pronouncing the sentence of death upon actual or presumed thieves. Several societies were formed in the United States to prevent horse theft and apprehend horse thieves. However, horse theft continues to occur throughout the world, as horses are stolen for their meat, for ransom, or in disputes between their owners and other persons. Horse theft today is comparable to automobile theft, a crime punishable by felony jail time. Both horses and cars are valuable commodities.

Private police or special police are law enforcement bodies that are owned or controlled by non-governmental entities. Additionally, the term can refer to an off-duty police officer while working for a private entity, providing security, or otherwise law enforcement-related services. These officers do have power to uphold the laws under the discretion of the private company.

Prison Institution in which people are legally physically confined

A prison, also known as a jail or gaol, penitentiary, detention center, correction center, correctional facility, lock-up or remand center, is a facility in which inmates are confined against their will and usually denied a variety of freedoms under the authority of the state as punishment for various crimes. Prisons are most commonly used within a criminal justice system: people charged with crimes may be imprisoned until their trial; those pleading or being found guilty of crimes at trial may be sentenced to a specified period of imprisonment. In simplest terms, a prison can also be described as a building in which people are legally held as a punishment for a crime they have committed.

<i>To Serve and Protect</i> (book)

To Serve and Protect: Privatization and Community in Criminal Justice is a 1998 book by Bruce L. Benson about private policing, private prosecution, and other market-based methods of providing criminal justice. Benson traces the history of government's escalating involvement in criminal justice over the past centuries in the United Kingdom and in the United States, and argues that it has resulted in overpriced, low-quality service that does not adequately address the needs of communities and crime victims. He argues for parole bonds, restorative justice, shifting toward a criminal justice system that resembles the civil tort system, and other reforms.

<i>Second Thoughts Are Best</i>

Second Thoughts Are Best: or, a Further Improvement of a Late Scheme to Prevent Street Robberies is a 1729 pamphlet by Daniel Defoe. He wrote it under the name of Andrew Moreton Esq., presented as a dissatisfied middle-class old man extremely concerned about the increase in criminality around the 1720s.

References

  1. Delmas-Marty, Mireille; J. R. Spencer (2002) [1995]. "European Criminal Procedures (pdf)" (PDF). Presses Universitaires de France / Cambridge University Press . Retrieved 5 July 2008.[ dead link ]
  2. Benson, Bruce (1998). To Serve and Protect: Privatization and Community in Criminal Justice. New York University Press. ISBN   0-8147-1327-0.
  3. Rawlings, Philip; Tim Newburn; Les Johnston; Frank Leishman (2002). Policing: A Short History. Willan Publishing. ISBN   1-903240-26-3.
  4. McLynn, Frank (1989). Crime and punishment in eighteenth-century England. Routledge. ISBN   0-415-01014-4.
  5. Langbein, John H. (2003). The Origins of Adversary Criminal Trial. Oxford University Press. ISBN   0-19-925888-0.

Further reading