History GCSE: Crime and punishment

Tithings

Tithings

Groups of 10 men in Saxon England responsible for each other's behavior and bringing lawbreakers to court or paying fines.

Hue and cry

The entire village joining in the hunt to catch a criminal in Saxon England, with fines imposed on those who did not participate.

Parish constable

A local man responsible for maintaining law and order in a village in Saxon England, an unpaid position.

Trial by local jury

The accused person being judged by 10 men from the local community who knew both the accused and the victim, with a decision based on their knowledge and an oath of complication sworn if the accused was found guilty.

Trial by ordeal

A type of trial in Saxon England where God was asked to determine guilt or innocence, involving methods such as hot iron, hot water, cold water, and blessed bread.

Wergild

A system of fines for different crimes used by the Saxons, with specific fines for each crime and body part, aimed at preventing further violence.

Capital and corporal punishments

Used for serious crimes in Saxon England, including execution, mutilation, and public humiliation.

Sheriff and the Posse Comitatus

The local sheriff gathering able-bodied men to hunt for criminals if the hue and cry failed to catch them in Norman England.

Murdrum fine

A fine imposed on a region if a Norman was murdered, introduced by William the Conqueror in Norman England.

Trial by combat

A type of trial introduced by the Normans where the accused and accuser fought until one was killed or unable to continue, with the loser hanged.

Ending the wergilds

William the Conqueror abolished the wergild system, with all fines for crimes paid to the king instead of the victim's family.

Church courts

Separate courts for churchmen and royal courts for serious crimes, introduced by the Normans in England.

Forest laws

Laws introduced by the Normans that created new crimes and increased the severity of existing crimes in forests.

Traveling justices

Justices appointed by the king to hear court cases and pass sentences on his behalf in medieval England.

Justices of the peace

Men appointed in 1361 with the right to find and arrest people disturbing the peace in medieval England.

Benefit of the clergy

The right for a person accused of a crime to be tried in a church court with less severe punishments, often used by non-priests as well.

Sanctuary

The concept of seeking refuge in a church to avoid arrest, with a limited time period before deciding to surrender or leave the country.

Church ending trial by ordeal

The church deemed trial by ordeal unreliable and abolished it in 1215.

When was a transition period with factors that changed the nature of crime and criminals.

1500-1700

Crime rates

The frequency or occurrence of criminal activities within a specific period of time.

Printing press

A 15th-century invention that allowed for the mass production of books and newspapers, leading to increased communication and dissemination of information.

Reformation

A religious movement in the 16th century that led to the establishment of Protestantism and the division of Christianity into different branches.

Bloody code

A period of time when laws and punishments for crimes became stricter, resulting in a significant increase in the number of crimes punishable by death.

Vagabonds

Individuals who were homeless or without a fixed residence, often associated with criminal activities due to the assumption that they resorted to crime to survive.

Poor rate

Taxes collected from the wealthy to support the deserving poor, introduced by Queen Elizabeth I in order to provide assistance to those in need.

Parish constables

Part-time officials responsible for maintaining law and order within their respective parishes, although they had limited authority and resources.

Justices of the Peace

Local landowners who acted as judges in minor court cases and had the power to impose fines, order whippings, or put individuals in the stocks.

Habeas corpus

An act passed in 1679 that prevented authorities from detaining individuals indefinitely without evidence of their guilt, ensuring their right to a fair trial.

Bloody code

A period of time when laws and punishments for crimes became stricter, resulting in a significant increase in the number of crimes punishable by death.

Pillory

A form of punishment where the criminal's hands and neck were trapped in a wooden block, and they were subjected to public humiliation and sometimes physical harm.

Houses of Correction

Institutions used to house and reform criminals, vagabonds, unmarried mothers, and repeat offenders, where inmates were subjected to hard labor and often whipped.

Gaols

Facilities used to hold individuals before their trial, not as a form of punishment itself.

Transportation

The practice of sending criminals to distant colonies, such as America or Australia, as an alternative to the death penalty.

Witch hunt

A period of time characterized by the persecution and execution of individuals accused of practicing witchcraft.

Witchcraft

The practice of magic, often associated with working with the devil, that was considered a crime during the 1500-1700 period.

Matthew Hopkins

A man employed to catch witches during the witch-hunt period, who accused people of being witches and collected evidence against them.

Familiar

A pet animal associated with the devil, often used as evidence of witchcraft.

Capital punishment

The ultimate punishment of death for certain crimes.

Deterrent

The belief that capital punishment can discourage potential criminals from committing serious offenses.

Factors causing increased crime 1700-1900

• people were moving and travelling into towns meaning less people knew each other

• Larger towns made it easier to escape being caught

• some criminals became professional within dens or gangas of thieves

• Extreme poverty lead to an increase in survival crimes such as stealing food

Changes in highway robbery(crime against the person)

Highway robbery increased because:

• improved roads led to more travelling

• increased trade between towns meant that more money and goods were transported on roads

• Many roads were isolated making it easy to get away with highway robbery

Changes in poaching( a crime against property)

• Poaching increased in the 18th century due to poaching gangs that worked on a large scale

• In 1723 the Waltham Act make poaching a capital crime as well as carrying snares or hunting dogs in a poaching area illegal

• Due to public views of this law being unfair it was repealed in 1823

Changes in smuggling( crime against property)

• Smuggling increased in 1740-1850 due to the tax on imported goods being so high

• Smugglers made large amounts of money by buying and selling goods without paying the tax

• Gangs would import large volumes of goods without paying tax

• Officers found it hard to prosecute the gangs due to the large areas of coast to patrol

• Taxes were cut in the 1840’s and smuggling decreased

Witchcraft

• After the civil war the number of prosecutions of witchcraft declined

• All laws regarding witchcraft were repealed by the Witchcraft Act of 1736

• People who claimed to be using magic were subject to fines or imprisonment

Why witchcraft stopped being a crime?

• Economic and social changes led to more prosperity and political stability

• Some people still believe in witches, however other( especially the educated) became less superstitious

• The Royal Society, set up by Charles ||, led to increased scientific experience, which explained things previously though to be the work of witches

The Tolpuddle martyrs

• In 1834 a group of farmers formed a friendly society

• The farm owners and government feared they were losing control of their workers. The six men were arrested for swearing secret oaths- an old law intended to stop Naval mutinies

• The six men were found guilty in trial. They all received the maximum sentence of 7 years of transportation to Australia in attempt to deter offers from forming unions

• The news of the Tolpuddle martyrs spread quickly. There were mass protests and a petition signed with 200 000 signatures in opposition to their punishment

• The Home Secretary decided to follow through with their punishment, so the six men were sent to Australia

• Protests continued and in 1836 the martyrs were pardoned and sent home

Significance of the Tolpuddle martyrs

• The incident highlights how authorities used laws to criminalise people they saw as a threat

• It shows how the government would protect the interests of employers over the interests of workers

• The pardoning of the martyrs shows the impact of public opinion

• The martyrs inspired some to fight for worker’s rights but some were put off by how the martyrs were treated

Continuity and change in policing

• Watchmen continued to patrol on foot at night

• Parish constables health with petty crime

• Soldiers were used to put down riots and large protests across the country

• From 1749 Bow Street Runners tracked down criminals and stolen property

• From 1754 the Bow `Street Horse Patrols patrolled the streets

The bow street runners

• Established in London in 1749 by Henry Fielding to try and tackle the huge crime wave of 17th-century London.

• Fieldings half brother took over in 1754

• At first they charged fees and collected rewards but by 1785 they were paid by the government

• They introduced new methods of finding evidence to bring criminals to justice-the first modern detectives

• Branched out to patrolling major roads on both foot and horse. The patrols were less successful than the detecting side as there were not enough of them to deal with the dramatically increasing crime rate

1835 Municipal Corporations Act

Borough councils could set up police forces in their area

1829 Metropolitan Police Act

Began Britains first professional place force in London

1839 Rural Constabulary Act

Counties could set up police forces

What did the Metropolitan police set up in 1842?

Detective department set up at the Metropolitan Police Force headquarters in London

1856 Police Act

• This act made professional police forces compulsory across the whole country

• All forces were funded by the government and were regularly inspected by officials employed by the government

• Police were responsible for keeping law and order, patrolling the streets and arresting criminals and detecting criminals after crimes had been committed

What department was set up in the Metropolitan police in 1878?

The criminal investigation department was set up for the metropolitan police force.

Punishment timeline of major dates

1610- Transportation to American begins

1770- Eastern Australia claimed for Britain

1774- Gaols act

1776- America war of independence stops transportation to America

1787- Transportation of criminals to Australia begins

1823- Gaols act

1825- End of the Bloody code as capital crimes reduced to 122

1842-1877- new prisons built

1850’s- transportation slows down

1868- transportation abolished and no more executions

Factors that changed views on the purpose of punishment

• Punishments should be equal to the crime committed

• Corporal and capital punishments were inhumane except for very serious crimes

• punishment should also be about rehabilitating the offender

• These views lead to a decrease of the death penalty and the end of the Bloody Code

Transportation to Australia

• The increased crime rate caused an increase in transportation to Australia

• Once there the criminals worked for 7 years providing free labour to build infrastructure

• Most people stayed in Australia after their sentence as they couldn’t afford a fare home

Transportation ended because:

• Australia no longer needed forced labourers ( the discovery of gold made it an attractive place to go) and it didn’t want criminals

• Some felt it was too expensive and not a strong enough deterrent to crime. Others felt it was too harsh for the both the criminal and their family

• More prisons had been built and prison was increasingly used instead of transportation

Prisons and prison reformers

• Conditions in the 18th century were very poor but were increasingly used as punishment

• John Howard’s work led to the 1774 Goals act which suggested how health and sanitation should be improved to increase the likelihood of rehabilitation.

• Elizabeth Fry began visiting women’s prisons in 1813. She set up education classes to reform female prisoners. she also got hem better food and clothes, and treated prisoners with kindness and respect.

• Their worked influenced Peel’s prison reforms

Pentonville prison

• The wings housed dozens of individual cells and a staff base. Walls were very thick to prevent criminals talking to each other

• Areas where prisoners were sent for fresh air and exercise. They were naked to prevent communication.

• Prisoners undertook monotonous and repetitive work that, to begin with was done in their cells

Reasons for the separate system

• For rehabilitation: solitude was thought to be the best way to provide prisoners with an opportunity to reflect on their crimes, turn to religion and therefore reform their ways

• It also meant that criminals could not be influenced by other criminals

• The cell provided everything they needed so they didn’t have to leave it other than for short spells of exercise

• For retribution: the isolation and boredom made the criminal pay for their crime

• As a deterrent: it was serious punishment and was therefore thought to act as a deterrent to committing crimes

Strengths of the separate system

• Compared to previous prisons it was clean and there was far less disease

• Many people thought that it provided the right level of punishment-it was seen as harsh but not overly so

Weaknesses of the separate system

• The continuous isolation led to mental illness and a high suicide rate

• There was no education or instruction to provide new skills for prisoners to use when they were released

Robert Peel

• Had a huge influence on both punishment and law enforcement when Home Secretary in the 1820’s

• He ended the Bloody code by reducing the number of death penalty offences and tried to reform the prison system

• In 1829 he persuaded parliament to pass the Metropolitan police act, which set up the first professional police force in London

Reforming the penal code

• After 1810 there were an unprecedented number of capital crimes, you could receive a death penalty for a crime as small as petty theft

• In 1825 Robert Peel reduced the number of capital crime to 100 because he wanted: less harsh punishments for petty crimes and wanted to try reform petty criminals rather than kill them

Prison reform

Partly due to the influence of reformers such as Elizabeth Fry, Peel tried to improve conditions in prisons by persuading parliament to pass the 1823 Gaols act which stated that:

• chaplains should regularly visit prisoners

• gaolers should be paid

• prisoners should not be put into chains

There were no inspectors to enforce the act so the impact was limited

Metropolitan police officers

• The central aim was to prevent crime and disorder and to be totally impartial and objective

• Recruits were carefully selected and well trained. It was a full-time and fairly paid job

• Members had a uniform so they could be identified

• Members were usually unarmed and were trained to use minimal physical force only as a last resort

• Focused on patrolling areas where crime was high. Successfully reduced street crime and disorder

• Not popular at first, but soon as recognised by the public as honest and trustworthy

Cyber crime

• Most cybercrimes are new versions of old crimes such as theft, fraud or extortion

• Technology allows for a much larger scale of crimes, accessing thousands of people at once, in multiple places around the world

• This causes new problems for police

Changing society c1900-present

In the 20th century Britain developed into a country that was:

• multicultural, containing people from different races, countries and religions

• More equal as the position of women changed

As attitudes changes new laws were created and old laws were decriminalised

Race crime

• The 1968 Race relations act and the 2006 racial and religious hatred act both made certain crimes race crimes.

• The criminal justice act of 2005 allowed courts to give more serious sentences for other crimes such as assault or murder, it they are declared a hate crime

• Therefore you can receive a more severe sentence if you committed a crime because of race, religion or sexuality

Drug crimes

• Since the introduction of the drugs misuse act in 1971, taking or supplying substances has been illegal in the UK

• Drugs are classified according to how dangerous they are known to be

• The criminalisation of drugs is controversial, some think its important for some drugs to be illegal to clarify that taking them is wrong, while others believe that drug taking is a personal choice

1967 Sexual offences act

Decriminalised homosexuality for men over 21

1967 abortion act

decriminalised abortion in any cases

1968 race relations act

illegal to discriminate against someone because of their race or ethnicity

2005 criminal justice act

allowed more severe sentences for hate crimes

2006 Racial and religious hatred act

made spreading religious or racial hatred a crime

Changes in policing

• motorised transport means that police can reach crimes faster. However it also means less police on the street which some people don’t like

• some police officers are now armed and look more like soldiers not everybody supporters

• Modern police force includes women and officers from different ethnic groups

Special police units

National crime agency: seeks to detect and prevent serious and organised crime

Economic crime unit: investigates large scale fraud; officers require specialist understanding of financial systems

Police central e-crime unit: tackles most serious types of cybercrimes and raises awareness on e-safety

Special branch: each local force has a special branch which aims to prevent all forms of terrorism

Neighbourhood watch

• From 1982 Neighbourhood watch groups have used volunteers to help prevent and detect crime in their neighbourhood

• The idea was to increase vigilance and education to prevent crime, as well as reduce the fear of crime.

• It was met with varying degrees of success

The move towards prevention in policing

• Much of modern policy is about preventing crimes as well as catching criminals

• Police community support officers were introduced in 2002 to try and prevent crime in their communities

• The police work with schools and community groups to educate people to help protect themselves and their property

• The police also play a major role in the governments prevention system, which aims to challenge extremism and radicalisation

Uses of science and technology in policing

• Radios

• DNA evidence

• CCTV

• Computers

• Cars, motorbikes and helicopters

• Finger printing

Abolition of the death penalty

Capital punishment was last used in 1964

It was completely abolished because:

• ideas about punishment continued to change— reform and paying back society were now considered more important

• controversial cases such as Derek Bentley and Ruth Ellis led to people questioning the use of capital punishment

Controversial cases

1950: Timothy Evans was hanged for murdering his wife and baby. Later evidence proved he didn’t do it

1953: Derek Bentley was hanged for murdering a policeman, even though he didn’t fire the gun and had serious learning disabilities

1955: Ruth Ellis was hanged for murdering her boyfriend after he violently abused her for years

Prisons c1900-present

The use of prisons as a punishment continued to increase after c1900 with many changes:

• Different prisons cater for different types of criminals

• Since 1907, prisoners have been released on probation- they are watched by probation officers and put back in prison if they reoffend

• In 1948 hard labour and corporal punishments were abolished in prisons

• Separate prisons have been created For young people. borstals were set up in the early 1900’s. They used work and education to try and reduce reoffending rates. Todays young offenders institutions have high reoffending rates

• There has been a recent rise in female prisoners, although still only 6% of all prisoners are women.

• Women’s and mens prisons differ.

New punishments

New types of punishments have developed in the last 2 decades as non-custodial alternatives to prison:

• Community sentences

• Antisocial behaviour orders

• Electronic tagging

Rehabilitation

• Prisons in the 1800’s used to punish criminals to discourage them from reoffending on release

• Prisons today try and reduce reoffending rates through education and giving prisoners work that teaches them new skills. However they have mixed success rates, and the general public don’t always support what can be portrayed as a holiday camp for prisoners

What are conscientious objectors?

People who have religious, moral or political objections to war

What is conscription?

a law that states everyone who is asked to and is fit and healthy, has to fight in the armed forces

When were conscription laws introduced in the UK and how did they affect conscientious objectors?

Introduced in WW1 and WW2- conscientious objectors had to make their objections know to authorities and were tried by tribunals to judge if their objection was genuine

Did the conscription law permit conscientious objectors?

Yes, a clause in the law excused them from conscription

How many men refused to fight vs how many were given total exemption based on grounds of conscience? WW1

16 000 men refused to fight vs 400 men were given total exemption based on grounds of conscience

What happened to alternativists in WW1?

Given non-combatant grounds

What happened to absolutists in WW1?

• imprisoned

• brutal treatment and hard labour

• 10 died in prison

• 63 died after release

• 31 had breakdowns

How many people refused to fight vs how many were given total exemption based on grounds of conscience? WW2

59 000 people refused to fight vs 12 204 people were given total or partial exemption

How did tribunals for conscientious objectors work in WW2?

Military people were no longer included

What happened to people given partial exemption in WW2?

Given non-combatant roles

What happened to absolutists and how were they treated?

• far smaller % were sent to prison

• Traded a lot less harshly than in WW1

How did the attitudes of authority towards conscientious objectors change from WW1 and WW2?

In WW2 conscientious objectors had to go through a strict tribunal process to determine if their objection was genuine and authority was a lot less harsh towards them in WW2

How did the attitudes of the public change between WW1 and WW2?

Public attitudes remained similar and thought of conscientious objectors as cowards and traitors

The press were less harsh and released less judgmental propaganda in WW2

The order of the white feather encouraged women to hand out white feathers symbolising cowardice to young men not in military uniform