The pardon is an act of mercy, tied to the divine right of kings. Why did New York retain this mode of discretionary justice after the Revolution? And how did governors’ use of this prerogative change with the advent of the penitentiary and the introduction of parole? This book answers these questions by mining previously unexplored evidence held in official pardon registers, clemency files, prisoner aid association reports and parole records. This is the first book to analyze the histories of mercy and parole through the same lens, as related but distinct forms of discretionary decision-making. It draws on governors’ public papers and private correspondence to probe their approach to clemency, and it uses qualitative and quantitative methods to profile petitions for mercy, highlighting controversial cases that stirred public debate. Political pressure to render the use of discretion more certain and less personal grew stronger over the nineteenth century, peaking during constitutional conventionsand reaching its height in the Progressive Era. Yet, New York’s legislators left the power to pardon in the governor’s hands, where it remains today. Unlike previous works that portray parole as the successor to the pardon, this book shows that reliance upon and faith in discretion has proven remarkably resilient, even in the state that led the world toward penal modernity.

This book is a major contribution to the comparative histories of crime and criminal justice, focusing on the legal regimes of the British empire during the nineteenth and early twentieth centuries. Its overarching theme is the transformation and convergence of criminal justice systems during a period that saw a broad shift from legal pluralism to the hegemony of state law in the European world and beyond. Chapters in the book present a variety of approaches, ranging from global discussions of key issues and developments to an exploration of local case studies and their relationship to these broader themes. Overall they reflect thinking and developments within criminological, historiographical and post-colonial approaches. Crime and Empire 1840-1940 reflects a growing interest in the history of criminal justice on the part of both criminologists and historians. The legacy of colonialism continues to be disputed in the courts and elsewhere. The contributors to this book are concerned le

From Confederation to the partial abolition of the death penalty a century later, defendants convicted of sexually motivated killings and sexually violent homicides in Canada were more likely than any other condemned criminals to be executed for their crimes. Despite the emergence of psychiatric expertise in criminal trials, moral disgust and anger proved more potent in courtrooms, the public mind, and the hearts of the bureaucrats and politicians responsible for determining the outcome of capital cases. Wherever death has been set as the ultimate criminal penalty, the poor, minority groups, and stigmatized peoples have been more likely to be accused, convicted, and executed. Although the vast majority of convicted sex killers were white, Canada's racist notions of "the Indian mind" meant that Indigenous defendants faced the presumption of guilt. Black defendants were also subjected to discriminatory treatment, including near lynchings. In debates about capital punishment, abolitionists expressed concern that prejudices and poverty created the prospect of wrongful convictions. Unique in the ways it reveals the emotional drivers of capital punishment in delivering inequitable outcomes, The Death Penalty and Sex Murder in Canadian History provides a thorough overview of sex murder and the death penalty in Canada. It serves as an essential history and a richly documented cautionary tale for the present.

Honour, Violence and Emotions in History is the first book to draw on emerging cross-disciplinary scholarship on the study of emotions to analyse the history of honour and violence across a broad range of cultures and regions. Written by leading cultural and social historians from around the world, the book considers how emotions - particularly shame, anger, disgust, jealousy, despair and fear - have been provoked and expressed through culturally-embedded and historically specific understandings of honour. The collection explores a range of contexts, from 17th-century China to 18th-century South Africa and 20th-century Europe, offering a broad and wide-ranging analysis of the interrelationships between honour, violence and emotions in history. This ground-breaking book will be of interest to all researchers studying the relationship between violence and the emotions.