18th and 19th century

Why did attitudes in society change crime and punishment?

The religious uncertainties of the Reformation (during the 1500s) had become less important as time went on this was reflected by the fact that the last execution for heresy occurred in 1612

How did poverty and wealth change crime and punishment?

There was a general increase in wealth across the nation (although most people remained poor), therefore fear of vagabondage greatly diminished

How did the Enlightenment change crime and punishment?

The period after 1700 saw a growth in the Enlightenment. This included changing ideas about how the world worked, using science to explain the world and relying less on the rules or dogma of the church/religion to explain things. This meant that accusations of witchcraft declined rapidly, therefore by 1736 all witchcraft laws were repealed or removed

How did political reform change crime and punishment?

The period from 1700-1900, but especially from time of French Revolution (1789) onwards, saw growing demands for political reform including voting rights and representation. This meant more people wanted a say in the laws that were made and removed. Some working class people created their own trade unions to give them a collective voice to oppose oppressive bosses who could sack them at will, pay them as little as they dared and make them work in dangerous and unhygienic conditions. More people in society called for laws relating to what was defined as a crime and what wasn’t, as well as what punishments should and shouldn’t be used. Authorities saw trade unions as political agitation-a cover for armed uprisings against the establishments. This coupled with industrialisation and urbanisation of the population and the landscape of the country led to the new problem crime of political agitation/campaigning, being established

What were the new problem crimes?

-Political agitation/ being a member of a trade union was deemed a problem crime by those with authority

-Until Great Reform Act 1832, MPs and government ministers, including prime minister also were wealthy landowners

-There were actions that had existed in previous periods that had been less of a problem, or not seen by earlier societies as being as important as the crimes that pre-occupied them e.g witchcraft

When and who by were the Bow street runners set up?

1748 by chief Magistrate Henry Fielding, who had offices at Bow Street. They were a crime fighting team established in London

How did the Bow Street Runnners operate under Henry Fielding?

-Initially, he used a small team of volunteers to attend crime scenes and detect criminals

-Believed thief takers should form a part of law enforcement, but also recognised they needed to be reformed and monitored to improve their effectiveness and questionable reputation

-Appointed thief takers as ‘principle officers’ (bow street runners)

-Published descriptions of wanted persons in the local Convent Gardern Journal

When did John Fielding take over?

1754

What changes occured to the Bow Street runners under John Fielding?

-At first the Fieldings charged fees for their services and collected rewards from the victims of crime if successful convictions were secured

-By 1785 they were officially paid by the government and were the first modern detective force

What was the significance of the Bow Street runners?

-Objective was to determine criminals by increasing the chances of them being caught and successfully prosecuted

-Organised regular foot and horse patrols by paid constables along major roads, ending highway robbery

-Understood the importance of collecting and sharing information about crime and suspects with other law enforcers. Their office became hub for crime intelligence network

-Their success les to more detective offices being set up in Middlesex and Westminster. In 1792, Middlesex Justices Act set up further offices each with 6 constables taskes with job of detecting and arresting suspects

Why did people oppose the creation of a police force?

-Worried about personal freedoms and privacy

-Some doubted it would make a difference to law and order

-Opponents thought it would be too expensive to fund

When was the first police force established and by what act?

1829 by the Metropolitan Police Act

How was the police force divided in London?

17 districts had its own police division with 4 inspectors and 144 constables

What was the aim of the police?

To deter criminals by having a public presence on the street with constables patrolling their beats to counter crime and catch any criminals that were caught in the act

Why were people concerned about the police force?

Being used to pit down political protest or put down opposition to the government

How did Robert Peel try to make the police more accepted?

Their uniform was designed to make them look more civilian, they wore blue overcoat and top hats, to help identify them and distinguish them from the army

What was the police force like across the country in the mid 19th century?

Improvements in policing outside London were slow and there were big differences between regions. While some areas had professional police forces, many still relied on the old system of parish constables

Why was change slow in policing?

-Public concerned about potential costs involved

-There was no cooperation between different areas

-Development was optional, rather than enforceable by central government, so many local government organisations didn’t bother with the reforms

When was the police act and what did it require?

-1856

-All areas had to have a professional police force that was centrally controlled

-All police forces inspected by government officials and only received government financial grants if they were if they were delivering their police services efficiently

-Also established principle of deterrence through detection of criminals - the idea that criminals would be less likely to commit crimes if they knew police officers were actively looking for them

When were the first National Crime Records set up and how did it improve policing?

-1869

-Saw the use of new technology- telegraph communication meant that different police forces could communicate quickly and effectively to share information about crime and suspects

When and were was the first detective branch set up?

1842 at Scotland Yard with 16 officers

How did the detectives differ from other members of the police?

Instead of patrolling the beat in uniform, they focused on investigating crimes and wore ordinary plain clothing

Why was the detective branch not liked?

Their actions were viewed by some suspicion, and accusations that they were no better than spies on the public

When was the Criminal Investigations Department (CID) set up?

1878

How many detectives did the CID have in 1878 And 1883?

200

800

What methods of detection did the CID use?

-In 1880s they tried to identify Jack the Ripper by mis handwriting

-In 1902 they secured a conviction of a burglar using fingerprint evidence left at the crime scene

How many uniformed police officers were there when the police force was set up?

3200

How was Robert Peel able to set up the police force?

-When he was appointed Home Secretary in 1822, he was determined to improve people’s lives by reducing the amount of crime

-He used statistics to paint a picture of rising criminality

-He reassured politicians it wouldn’t accept freedom

How did government and taxation help Robert Peel set up the police force?

-Government became more involved in people’s lives

-War with France (1803-1814) caused Government to raise taxes, to raise more money

-Local authorities given powers to raise taxes that could be used to pay for a police force

How did help increased crime and increased fear of crime help Robert Peel set up the police force?

-People believed that crime especially violent crimes were increasing

-The crime rate rose in the years following the French Revolution when unemployment was a problem

How did fear of protest help Robert Peel set up the police force?

-the French Revolution caused wealthy landowners and the government to think it would happen in England

-High food prices and unemployment caused many protests after 1815

How did London help Robert Peel set up the police force?

-The growth of towns made constables and watchmen inadequate

-In London people were crammed into closed packed houses and sheets, which increased fear of crime and revolution

How were prisons used at the start of the time period?

-At the start of this time period, prisons were only a very small part in the system of punishment

-Houses of Correction dealt with vagabonds and prostitutes

-Generally prisons were only used as a place to house criminals awaiting trial or to lock up people in debt

-A survey in 1777 showed there were only 4000 people in prison in England and Wales and that 60% were debtors.

What changes occured in the use of prisons?

-Imprisonment became the normal method of punishing criminals

-Prisons became important as the reasons for punishments changed (previously it had been to terrify and deter. By 1800 it was clear that public executions did not stop criminals, therefore punishments began to focus on reform)

-The huge increase in prisoners led to the government taking over the whole prison system, in 1700 they were locally run with no rules about their organisation. By the 1870s, inspectors checked prisoner's work, diet, health and every other aspect of prisoner life.

Why did the use of prisons increase?

During the 18th/19th centuries, the use of imprisonment as a punishment grew. The decline of the Bloody Code and concerns about transportation meant that by the mid-19th century, prison was viewed as a suitable alternative for offenders

What were the attitudes towards prisoners?

-It was an opportunity to change or rehabilitate a person who had committed a crime

-As well as punishing criminals, a prison term should deter others from crime

-Prison sentences should involve hard work to pay back society

-Prison made society safer by separating criminals from everyone else.

-Though not everyone agreed on whether the main purpose of prison should be rehabilitation or punishment

-Those who favoured punishment thoughts prisoners should be kept in harsh conditions and perform hard labour

-Whereas prison reformers, often argued that prisons should be able rehabilitation.

Describe the conditions of the old prison system?

-All prisoners were housed together, previous criminals, first time criminals, debtors, lunatics, women and children. Concerns that prisons were schools of crime, as stories were exchanged and future plans made

-Prison warders were unpaid and earned money by charging prisoners fees. They could buy their own cell, good food, beer, tobacco, visitors and a pet

-Prisoners had to pay a fee to be released, if they were poor and couldn't afford it, they stayed in prison

-The poor relied on local charities to pay their fees. Wealthy prisoners could afford their own rooms, but thele poorest lived in the most overcrowded conditions. At Newgate Gaol 275 of the poorest prisoners lived in an area designed for 150.

-Prisoners had to pay to see a doctor. This was a problem because prisons were damp, and dirty and unhealthy. What way called 'gaol to fever '(probably dysentery or typhus) killed many inmates

When was the gaols act?

1823

What were the main changes to prisons outlined in the Gaols Act?

-Prisoners should be separated into groups, so that hardened criminals he weren't with first time offenders.

-Male and female prisoners separated. Women should have female warders.

-Prisoners should attend chapel and recieve religious instruction from the chaplain.

-Magistrates should check on prisons in their area.

-Prisons must be healthy with proper fresh water and drainage.

-Prison warders and governors are to he paid - no longer rely on Prisoners feas.

-Prisoners should have proper food, and no pets

Describe John Howard’s main ideas

-He was shire of Bedfordshire

-Visited prisons and published a report in 1777 - The State of Prisons in England and Wales

-He attacked the fees that prisoners had to pay

-He proposed healthier a como, the separation of prisoners, a decent diet and better prison guards

Describe Elizabeth Fry's main ideas

-Highlighted the poor living conditions and the exploitation of women prisoners by male prison warders.

-Encouraged other Quakers to visit prisons and offer assistance, and set up prayer groups for the women in order to give religious instruction

-Set up a school for children at Newgate and taught them useful work like sewing and knitting to give them a means to survive when released

What social changes made the reforms of prisons possible?

-New ideas about human nature - people began to believe that reform would be more beneficial

-Education - more people could be educated about the harmful causes of bad conditions

-Voting rights - people could vote for the policies they wanted

When was the seprate system introduced?

-1839 - Prison Act advocates seperate system in prisons

-Between 1842-1877 the government built 90 new prisons in Britain. The first of these was Pentonville (built in 1842), which provided the model for the others

-Pentonville was built to deal with the increased number of serious criminals who were no longer being transported or executed for their crimes

-It was set up not only to deter; it aimed to reform the inmates that passed through its doors.

-It held 520 prisoners

-Each cell had piped water, a small washing basin and a basic toilet

How did the seperate system work?

-The building's walls were thick to stop prisoners communicating between cells.

-Prisoner's spent nearly all of their time alone in their cells, so that they were stopped from being influenced by other prisoners.

-Hoped that they would reflect on their crimes while alone. Backed up by religious instruction so they might live Christian and honest lives once released

-While exercising they wore masks so they couldn’t see anyone and had a rope knottwd at 4.5m intervals to prevent communication.

-While attending chapel, they couldn't see other prisoners but could see the chaplain, the chapel was built so that each prisoner was baxed in.

-Prisoners were put to useful work to show that hard work and effort could make them productive citizens. It was hoped that released they would seek honest employment rather man return to crime.

What were the strengths of the seperate system?

-Ensured prisoners could no longer mix and negatively influence each other

-Ended the fear the prisons were schools of crime

What were the weaknesses of the seperate system?

-Due to the solitary confinement: in the first 8 years 22 prisoners went mad, 26 had nervous breakdowns and 3 committed suicide

-Expensive as it required prisoners to be housed in seperate cells. This added to the building and running costs

What was the 1865 prisons act?

Emphasised retribution and deterrent as the purpose of prisons

In the 1860s What changes were there in attitudes towards crime and what caused these changes?

High-profile crimes created fear

-Popular, cheap pamphlets, known as Penny Dreadfuls, told lurid tales of violent crime and increased fear that not enough was being done to deter the criminal classes

-There was a growing belief that there was an identifiable "criminal type" who was thought to be physically recognizable and less evolved than the rest of society. These ‘criminal types' couldn't be reformed, only deterred by tougher prisons

What was the impact of these changes in the attitudes of society?

-The Government responded by introducing much tougher regimes in prions – including the 'silent system'.

-The Assistant Director of Prisons, Sue Edmund Du Cane, declared that prisoners would get 'hard labour, hard fare and hard board'

- Hard labour – physically demanding work for up to 12 hours every day

- Hard fare – a deliberately boring and bland diet, with the same food served on the same day every week

- Hard board – wooden board beds instead of the hammocks prisoners had slept on previously - deliberately uncomfortable

The Silent System:

-Prisoners were expected to be silent at all times

-Breaking this rule could result in being whipped or being or put on a diet of bread and water

-It would provide a punishment less harsh than hanging so juries would convict - Many juries didn't want convict people because they thought the death penalty was too harsh so they were more willing to sentance people to transportation.

-It would be harsh enough to terrify criminals and deter them - didn't deter people, because when gold was discovered in 1851, there was a gold rush and many people began to find a way to get here. By the 1830s, wages were higher than in Britain. In 1810 Lord Cheif Justice described it as 'no more than a summer's excursion to a happier and better climate'

-It would reduce crime in Britain by removing the criminals - Since transportation began, crime rates sharply increased

-It would help claim the new land of Australia for Britain - by the 1830s, Australia had become part of the British Empire and no other country was likely to claim control of it.

-It would reform criminals through hard work - many criminals took the opportunity to live peacefully.

Summary of highway robbery

-During the 18th and 19th century, the authorities become worried about highway robbery, which disrupted trade.

-Highway robbery wasn't new, it began in the chaos caused by the Civil war, but it dramatically increased and in the early 1700s and in some areas it reached epidemic proportions.

-Jack Shepard and Dick Turpin - examples of Highwaymen

Why did highway robbery grow?

-Road surfaces began to improve and coaches became more frequent and as speeds increased

-There was no police force and local constables didn't track criminals across counties

-Horses became cheaper to buy

-Highwaymen could hide and sell their stolen loot in taverns

-More people were travelling in their own coaches

-Some demobilised soldiers struggled to find honest work

-There were isolated areas around towns where robberies could take place

-Handguns became easier to obtain

-As trade increased there was more need to move goods and money

-There were only a few banks so people often carried around large sums of cash

Why did highway robbery decline?

-Open land around London and other towns was built on as the population expanded

-Mounted patrols were set up around London and high rewards encouraged informers to report on the activities of highwaymen - set up by Fielding brothers

-The banking system became more sophisticated over time and the number of banks grew. Fewer travellers carried large amounts of money.

-JPs refused to his license taverns that were frequented by highwaymen

What factors are significant for highway robbery?

-Travel - as travel increased, there were more people and opportunities for highwaymen to ambush people, especially as people would often have goods with them

Science and technology- guns became easier to use and get, this technology made robbery easier

Towns - The growth of towns made the countryside more deserted. This made roads quieter, so highway robbery was easier

-Institutions: Government - no police force and community policing methods didn't cover areas outside their own town or cities, so it was easier to commit crimes on roads.

Summery of poaching

-The 1723 Black Act made hunting deer, hare or rabbits punishable by death

-Anyone found armed, disguised, or with a blackened faces in a hunting area was assumed to be poaching and could be executed

-It was illegal to poach unless they owned land that was over £100

-Most poachers were described as labourers, servants or workers in other low-paid jobs.

What is the evidence that Poaching laws were too harsh?

-Punishable by death

-It was only there to protect the interests of the wealthy landowners

-Most poachers were poor people, who needed food, or to make ends meet

-The public had sympathy for poachers and thought the death penalty was too harsh.

What is the evidence that poaching laws were fine?

-Some people used poaching for entertainment

-Some poachers were violent towards gamekeepers

What factors were significant for poaching?

-Poverty and wealth - landowners wanted to protect their land, so they put pressure on government to make poaching laws harsh.

-Institutions: Government - landowners made up most of the government so they could pass laws to protect heir land.

Travel and poverty and wealth - Without travel there wouldn't have been an increase in population and a decrease in job opportunities, which wouldn't have affected whether people ended up wealthy or poor, depending on what jobs were left. Many people ended up in poverty because they travelled to a town or city with frw or no available jobs, so they turned to poaching to make money and survive.

Summary of smuggling

Smugglers brought tea, cloth, and wine and spirits into the country without paying any import tax (customs duty) on them. The authorities took smuggling very seriously because there was no income tax and duties were the source of government income.

Why did the government find it so difficult to stop smuggling?

-Fear of smugglers: This fear smugglers deterred any interference.

-The attractions of smuggling: for low - paid labours, smuggling was a quick and exciting way to earn 6-7 times the daily wage in one night.

-Organise gangs: Smuggling gangs could be 50-100 men. They were well armed and had little fear of the customs office or the army.

-Public attitudes: ordinary people usually turned a blind eye to smuggling, as they were happy to pay lower prices and disliked the expensive duties imposed by the government.

What factors were significant for smuggling?

-Attitudes in society - many people didn't mind smuggling, and even look part in it. Wealthy people also bought smuggled goods or didn't report them. This made more people join smuggling gangs, as there was a low risk of getting caught. They also disagreed with import tax and benefitted from cheap goods. Fear of smugglers meant that they were usually not reported.

-Travel - due to the development of travel, goods could be transported quickly, moving the goods at speed meant that they were less likely to get caught.

Towns - the increase in population led to less job opportunities, so people were more likely to turn to smuggling because they could earn more money.

Institutions: Government - they couldn't afford to have more customs officers, and there wasn’t many of them so the smugglers weren't afraid of getting caught, or using force.

Summary of the Tolpuddle Martyrs

After the French Revolution in 1789, the government was afraid of he same thing happening in Britain. They were anxious about the Grand National Consolidated Trades Union, which aimed to bring workers to together to fight for better conditions. In 1833, labourers set up a union- the Friendly Society of Agriculteral Labourers to protest against the lowering of wages.

Why did the Tolpuddle Martyrs form a trade union?

To protest against the lowering of their wages

Why did the government change the law on trade unions?

They believed that unions threatened their business and harmed their interests

How were the Tolpuddle Martyrs punished?

-They were sentenced to 7 years of transportation to Australia

-On 17th august, after a 111 day voyage, they were forced to walk to the farms they were working at.

-Thomas Standfield, was over 50 and had to walk 150 miles

How did the public react to the Tolpuddle Martyrs?

The men were regarded as martyrs for union rights and a campaign was organised against their unfair treatment.

-At a meeting in London, 25,000 people attended and a petition demanding their release was signed by 250,000 people

What factors were significant for the Tolpuddle Martyrs?

-Attitudes in society: As the French Revolution had just happened, wealthy landowners were worried about trade unions uprising against them.

-Institutions: the government - They used a law originally designed to keep discipline in the navy, it made taking secret oaths illegal for sailors. However, it was changed to include all secret oaths. The Combination Act-1799 made any strike action illegal causing up to 3 months imprisonment or 2 months of hard labour. It was repealed in 1824-25 after some violent protests

Poverty and Wealth - Wealthy landowners, who formed the government, didn't want their workers demanding higher wages, so they set up laws to (the combination act) that prevented workers from doing this.