Crime and Punishment in New France Flashcards
French colonies
Settled in 17th and early 18th century
Adopted French criminal justice
New France criminal justice
Opposite of British
Accused were considered guilty an had to prove their innocence
Prison served has interrogation and detention place until sentence was mandated
Interrogation = No right to a lawyer
Torture was often used to get a confession
Common forms of Punishment
Hanging
Galley’s
Banishment
Branding
Galley’s
Form of punishment consisting of being chained rowers on ships for multi-year (ie. 3, 5, or 9 years)
Petty offenses punishment
Public shaming.
Ex.: Pillory, flogging
Like Colonial America (SIMILARITY)
Infanticide
Capital crime rarely committed in New France consisting of the murder of a newborn baby
Punishable by death, Hanging
Marie-Joseph Angelique
18th C slave in New France
Convicted and executed for setting fire to her owner’s house and burning 45 other buildings in Old Montreal in 1734
(1734, 46 buildings total)
Comparison of Justice Systems of New France and New England (colonial america)
NEW FRANCE:
- adopted French criminal justice
- trial in private
- inquisitional (questioned by judge)
- guilty until proven innocent
- accused is pursued by the State
- hearing is in secret (no juries)
- torture used
NEW ENGLAND:
- adopted English criminal justice
- trial in public
- adversarial (lawyers)
- innocent until proven guilty
- pursuit of accused is more private
- judges guided by juries
- use of debtors’ prison