Edwards, Adolph
(1968)
The development of criminal law in Jamaica up to 1900.
PhD thesis, London School of Economics and Political Science.
Abstract
This work attempt to trace the development of criminal law in Jamaica from 1655 when the English captured the Island, up to 1900. In tracing this development emphasis is placed more on legislative enactments and their policies than on judicial decisions, for it was in the field of penal legislation the Jamaican law tended to differ from English law.
In chapter 1, the introduction of English law into the Island is outline, and a theory as to Jamaica's status is proposed.
In Chapters 2 and 3 the background in which the penal legislation was enacted and administered in the 18th and 19th centuries is related. This necessitates an examination of the inhabitants, the legislators, the judiciary and the legal institutions.
In Chapters 4 and 5 the penal legislation relating to slaves is discussed. The various legislative devices aimed at preventing rebellions and at protecting the slave owners' property are related.
In Chapters 6, 7 and 8 the laws to protect the State, Persons and Property respectively are outlined.
In Chapter 9, four problems of particular importance to Jamaica are examined. These problems are Piracy, Obeah, Praedial larceny and Vagrancy.
In Chapter 10 the attempt to codify the criminal law is related. Reasons for the failure at codification are suggested.
In Chapter 11 a brief look is taken at certain trends in penal legislation in the 20th century.
In Chapter 12, conclusions are drawn on the data provided in the preceding Chapters and certain proposals relative to the criminal law of Jamaica are put forward.
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