Crime and Punishment GCSE History Edexel

TITLE - CRIME AND PUNISHMENT IN MEDIEVAL ENGLAND c1000-c1500

Subtopic - Anglo-Saxon Justice

What were the 2 main methods of policing?

Tithings, hue and cry

What were the 2 main trials used?

Trial by Jury (local jury, where men knew both accused and accuser)

Trial by Ordeal

What were the 3 main punishments?

Wergild, execution, mutilation

Subtopic- effects of the Norman Conquest on crime and punishment

What 2 Norman laws were introduced?

Murdrum fine, forest laws.

What 3 aspects of law enforcement continued?

Tithings, hue and cry, trial by ordeal

What 2 new aspects of law enforcement were introduced?

Trial by combat, church courts

What were the Norman punishments?

-wergild ended- William ordered that fines should be paid to the king's officials.

- capital punishment used for serious crimes and reoffenders.

Subtopic- crime and punishment in the later middle ages

What was believed to be the best way of deterring criminals?

Harsh punishments (including execution)

Why did tithings and hue and cry continue?

Because most people still lived in small farming communities.

Who were constables?

- men from every village/town appointed to keep law and order.

- they did this in their own time and received no payment.

What did the role of constable involved?

- annually looking out for crime.

- leading hue and cry when necessary.

What were coroners and what did their job involve?

- royal officials

- investigated unnatural deaths

What did sheriffs do?

Assembled a posse, if hue and cry failed, to hunt down criminals.

What were Manor courts?

Local courts which dealt with minor crimes.

What did royal judges do?

Travel around the country hearing more serious cases.

What trialing method was abolished in the later Middle Ages and what date was the abolishion?

Trial by Ordeal in 1215

How were most minor crimes punished?

With fines paid to the king's officials

What are some examples of methods of public humiliation and what was the intention of these punishments?

-stocks, pillories, whipping.

-to deter people from committing crimes.

Why did the use of execution increase during this period?

Hanging was seen as a necessary public deterrent to reduce crime.

Case study: Did the Church help or hinder justice in the early 13th century?

What was sanctuary?

-if someone on the run from the law could reach a Church, they could claim sanctuary - they were under the protection of the Church.

-they then had 40 days to face trial or leave the country.

- those leaving walked, bare for, carrying a wooden cross, to the nearest port and boarded the first ship.

What were church courts?

- the church claimed the right to try any churchman in its own courts.

- never sentenced people to death.

- also dealt with a range of moral offences (swearing, drunkenness, adultery etc.)

What was the benefit of the clergy?

- claim by an accused person to be tried in the more lenient church courts.

- only intended for priests, but people loosely connected to the church used it (e.g door keepers, grave diggers)

What was the 'neck verse' and what was it used for? What was a problem with it?

- a test requiring the accused to read a verse from the Bible.

- most non-churchmen couldn't read so you could tell who was really a churchman.

- problem: some criminals learned the words by heart.

What was the problem with trial by ordeal?

It was based more on luck meaning guilty criminals could escape punishment and the innocent could be punished.

TITLE: CRIME AND PUNISHMENT IN EARLY MODERN ENGLAND c1500-c1700

Subtopic- heresy and treason in early modern england

Define reformation

A period of violent religious change.

Define heresy

Crime of holding different religious beliefs from those of the monarch or church

What was the punishment for heresy?

Public burning at the stake.

Define treason

Disobedience or disloyalty to the monarch

What was the punishment for treason?

Hanging, drawing and quartering

When and what changes did Henry Viii make to the church?

In 1534 he split with the Catholic Church and made himself Head of the Church in England.

People refusing to accept the split were executed.

What changes did Edward VI make to the church?

He made laws requiring the people to worship in a much more Protestant way.

What changes did Mary make to the church?

Made england catholic again

She ordered the burning of nearly 300 Protestants.

What changes to the Church did Elizabeth make?

At first compromises were made towards the catholics, but england remained firmly Protestant.

Catholics fined for not attending Church, and could be imprisoned for taking part in catholic services - these laws weren't strictly enforced.

Case Study: The Gunpowder Plot

What year did it happen?

1605

Who came up with the plan and what were the aims of it?

-Robert Catesby

- Aims: blow up Parliament, kill King James and put a Catholic on the throne.

What was Guy Fawkes' role?

He placed 36 barrels of gunpowder beneath the Houses of Parliament.

How was the plot uncovered?

- an anonymous letter warning Lord Monteagle (a catholic) not to attend the opening of Parliament was sent.

- Monteagle informed Robert Cecil (the King's Chief minister)

What happened to the plotters?

- Soldiers searched Parliament and arrested Fawkes. He was tortured and gave identities of the other plotters.

- Soldiers caught up with Catesby and a few others, they were killed in the fighting.

- survivors returned to London for trial - all sentenced to be hanged, drawn, and quartered.

Subtopic - Vagabondage

Define vagabondage

The crime of being a wandering beggar

Why was vagabondage becoming more common in the 16th century?

A rising population and fewer jobs meant more people were moving around looking for work.

When and why were a series of Vagrancy Acts introduced? What were the punishments for vagabondage?

- between 1531 and 1598

-to deter others from committing the same offence.

-punishments:

Whipping, mutilation, sometimes executed (in certain years)

5 reasons why the government, landowners and better-off members of society were worried about vagabondage?

1) bible teachings - those not working might commit sins and turn to crime.

2) suspicion that vagabonds were professional criminals

3) fear that vagabonds formed organised criminal gangs

4) higher classes already paid poor rates to support the poor in their own parish - didn't want to pay extra to support poor from other areas.

5) printing invented in 15th century - books, broadsheets and pamphlets were made on vagabondage.

What was the reality of vagabondage?

- there was more people without enough work to go around - rising unemployment.

- the majority of vagabonds were ordinary unemployed people looking for jobs wherever they could find it.

- bad harvests and falling wages also led to an increase in vagabonds

Define Pamphlets

-cheap, popular printed news stories

- often exaggerated tales of crime

Define Parish

A local area centred on a church.

What were poor rates?

Tax paid by the wealthier members of a Parish to provide relief for the poor.

Case Study: the Role of Matthew Hopkins and Witchcraft

What are 5 reasons for the rise in accusations of witchcraft?

-village tensions: in times of poverty, poor asked neighbours for help more often. Some villagers felt threatened by the demands. Most believed harmful magic could injure others, so poor women were blamed if illness struck.

-changes to the law: in middle ages witchcraft was dealt with by church courts, under Henry, Elizabeth and James laws tightened and it became punishable by death.

-religious upheavals: Protestants preached that the devil tempted good Christians away from God, superstitious talk made people fearful.

-the civil war 1642-40: fighting meant royal judges were less able to travel, superstitious locals took cases into their own hands.

-pamphlets: dealt with dramatic cases of witchcraft. Widely read.

What was the role of Matthew Hopkins 1645-47?

-he and his assistant searched East Anglia for witches. They collected evidence against 36 people.

-towns and villages summoned him to get rid of their witches. He charged for his services a fee plus expenses for his time.

How did he get his confessions?

By keeping people standing, on the move, and awake for days.

What did he claim a mouse, fly, or spider that made its way into the room were?

A familiar

What did he claim any scars, boils, or spots on the accused body were?

A 'devil's mark' from which familiars sucked the witch's blood.

What did trials for witchcraft involve?

-accusers presented their charge and brought witnesses to court to support it.

-if they failed to defend themselves they were further tested with the swim test (hands bound and rope tied around waist. Lowered into water, if they floated they were examined for 'Devil's mark' as final proof.

What was the punishment for witchcraft?

Hanging

Subtopic- the nature of law enforcement and punishment

What were the continuities in policing since the late Middle Ages?

-hue and cry

-citizens still expected to deal with crime themselves, it was their responsibility to track down the criminal and deliver to the constable.

-constables still had unpaid part-time role

-coroners still investigated unnatural deaths.

What were the changes in policing?

-watchmen employed in larger towns to patrol streets day and night.

- rewards offered for arrest of particular criminals accused of serious crimes. Could be really high rewards.

What did the role of watchmen involve?

Arresting drunks and vagabonds

They were allowed to look into windows to look out for crime

What was the problem with watchmen?

They were poorly paid and often of little use.

What were the continuities in trials since the late Middle Ages?

-all courts still relied on a local jury.

-manor courts dealt with local, minor crimes

-royal judges visited each county twice a year and dealt with the most serious offences.

What were the changes in trials?

-JPs became an important part of local law enforcement

-Quarter sessions were held 4 times a year where JPs across a county came together to judge serious cases, even had power to sentence to death.

-people accused of serious crimes couldn't claim benefit of the clergy.

-habeas corpus act 1679 introduced.

What did the role of JPs involve?

They judged manor court cases

They could fine people, send to stocks or the pillory, and order them to be whipped.

They were assisted by the constable.

What was the Habeas Corpus Act of 1679?

law passed by English Parliament that gave every prisoner the right to be brought before a judge to specify the charges against the prisoner, the judge would decide whether the prisoner should be tried or set free; it prevented a monarch from putting some one in jail simply for opposing a ruler, also, prisoners could not be held indefinitely without trials.

Between what 2 dates did the number of crimes punishable by death rise from 50 to 200?

1688 and 1823.

What was the amount of recorded crime like when the blood code was introduced?

It was falling but people didn't know this at the time.

What did people think the rate of crime was like at the time?

They believed rising crime was a continuing problem.

What 2 things were causing increased fears of crime?

-pamphlets had lots of stories on crime which helped create the impression that crime was rising rapidly.

-executions were in public and speeches made by those about to hang were published for the public to read.

Why did the growth of towns contribute to the introduction of the bloody code?

- hue and cry and parish constables became less effective since people no longer knew their neighbours.

- streets in towns were more crowded which meant it was easier for criminals to escape detection.

What were the traditional views of punishment and why did people still hold these views?

Since the Middle Ages harsh punishments had been used to deter criminals. People still believed it was the only effective way to reduce crime.

Why were Landowners' attitudes involved in the introduction of the Bloody Code?

Because the government was mostly made up of wealthy landowners.

Why did the landowners want the bloody code?

Because they feared large numbers of the poor and saw them as a threat to their property.

They also believed only very harsh punishments would keep the poor in their place.

What were some types of punishments used in early modern england?

-stocks and pillories

-whipping

-fines (most common and for minor offences)

-houses of correction

-prisons

-transportation

What were houses of correction and why were they built?

-authorities believed some offenders might mend their ways if taught the value of hard work.

-inmates were whipped and made to do hard work.

Who were prisons only used for?

-people awaiting trial

-people in debt

What was transportation?

-when criminals were sent to American colonies

-some prisoners suffered conditions close to slavery.

TITLE: CRIME AND PUNISHMENT IN 18TH & 19TH CENTURY BRITAIN (c1700-c1900)

Subtopic - Nature and changing definitions of criminal activity

What 3 changes were made in the definitions of criminal activity?

-fear of heresy and vagabondage declined

-laws against witchcraft were scrapped in 1736 because the belief in magic had declined.

-the government were more worried about crimes that disrupted trade and the economy or threatened property.

Define highway robbery

Stopping a coach and robbing the passengers.

Define industrial revolution

Technological improvements leading to more factories and towns

Define poaching

The illegal hunting of animals

Define smuggling

Bringing illegal goods into the country or not paying duty on legal goods.

What were 7 reasons for growth of highway robbery?

1) more people were travelling in their own coaches.

2) handguns became easier for robbers to obtain and became quicker to load and fire.

3) lonely areas outside town where coaches could be ambushed.

4) highway mean hid and stole their loot in inns and taverns

5) no police force and local constable didn't track criminals across counties

6) after wars ended, demobilised soldiers struggled to find honest ways to make a living.

7) horses cheaper to buy.

What were 6 reasons for the decline in highway robbery?

1) number of banks grew - fewer travellers carried large amounts of money.

2) stagecoaches introduced with regular staging posts where tired horses changed and travellers rested in safety for the night.

3) road surfaces improved - coaches became more frequent as speeds increased.

4) mounted patrols set up around London and rewards encouraged people to identify robbers.

5) Local governments closed down inns and taverns where highway men were known to hide loot.

6) lonely areas of land around London was built on as population increased.

What was the main problem with smuggling?

-Duties were the main source of government income.

Why was smuggling hard to stop?

Because there were too few customs officers to enforce the law and the government couldn't afford to increase their numbers.

What was smuggling punishable by?

Death

What were 2 key reasons why the government disliked smuggling?

-Smuggling was disruptive to trade.

-A drain on tax revenue

What were smuggling gangs like?

They could be as large as 50-100 men who were well armed.

Gangs fought with customs men and seized back goods that'd been confiscated.

How did the government deal with larger gangs?

They used the army against them.

What were public attitudes towards smuggling?

-they disliked expensive duties and smuggling made luxury goods affordable.

-people usually turned a blind eye to smuggling, in coastal areas it provided the unemployed and low paid with a chance to make money.

-Locals who helped smugglers carry goods from ship to shore could earn twice the average labourer's daily wage.

-Fear of gangs deterred the public from giving evidence in court because witnesses were sometimes murdered.