Crime and Punishment - History GCSE

What were the 3 general categories for crime?

- Against the person, property and authority

Define deterrence and give an example (drunkenness)

- Stops people from commuting further crimes.

- Eg. their legs locked into the stocks in a public place > allowed to be abused to be humiliated.

Define retribution

Deserved punishment; A repayment; A justly deserved penalty.

How did Wergild change?

Early 1000s vs Normans

Early 1000s - the wergild was based on how they were wounded and their social status.

They/their family would receive the wergild - helped settle disputes.

During Normans - given to the king instead > reflected the roles of the king having a more centralised system - mainly he controlled law and order.

How would EARLS help enforce laws in the 11th century?

- They were given land by the king so were responsible for enforcing law in their 'earldoms'.

- They were vast so local representatives were used in smaller areas like shires and hundreds.

How would SHIRE-REEVES help enforce laws in the 11th century?

- Governed shires, summon local men to join a 'posse comitatus' > to help catch criminals, attend shire courts to collect fines and ensure law is being followed.

- They sometimes ran it (instead of earls) and gained more control as the power of earls decreased.

How would REEVES help enforce laws in the 11th century?

- Enforced laws in hundreds > small areas within shires.

- Ran local courts > bringing criminals to justice.

- Also dealt with less serious issues like disputes which were tried in hundred courts.

How did local people help enforce law in the 11th century?

(3 things)

- Hue and cry: everyone had to stop and help

- Tithings: small groups which were responsible for each other with a tithing leader

- Collective responsibility: there was no police force so everyone had to make sure law was enforce and they knew each other so its easier

What is compurgation?

If the witnesses agreed that the crime was committed:

- The accused had to swear on an oath of innocence

- Then had to gather a certain number of people to act as compurgators > swear an oath that the accused was telling the truth.

- Lower reputation > less likely to secure enough people

How were the trial of ordeals prepared for the accused?

The accused had to undergo 3 days of fasting and prayer so they were pure and ready for God's judgement.

How did law-making change in 11th century?

(1000s vs 1100s)

- Based on local customs and not written down.

-By 1000s: king issued laws (more power and laws were unified)

-After 1066: William I added new laws that created new crimes (new king = new changes)

-1154: Henry II, laws were written down so uniform legal system

- Church also had huge authority

Define Poaching

Hunting wild animals on other people's land without paying 'hunting rights'

How was poaching viewed as?

(what was the punishment?)

- It was a social crime as it was acceptable to many people - helped people survive and was allowed on common land.

- Increased dramatically as the common land decreased so they would've gone hungry.

-Unfair by ordinary people

- Harsh punishment - blinded, fingers removed so they couldn't draw a bow

Why were Forest Laws created by William I?

- Royal forests would be protected

-30% of England became 'Royal Forest' for the Norman nobility to use for hunting

How did the Forest Laws change life for the peasants?

- It became illegal to hunt/ take wood without a licence.

- Had to pay for hunting rights

- Village communities were evicted from this land > resentment was caused

Where did most people live in the 1000s?

(3 areas)

- farms

- small hamlets

- small towns (burhs)

How were the 4 courts used to enforce law? (Anglo-Saxon)

1. Royal courts - national courts, most serious

2. Shire courts

3. Hundred courts - petty crime, least serious

4. Court hearings, punishment for criminals were decided in public.

Change and Continuity: law enforcement in the Normans?

Continuity: Tithings, hue and cry, community responsibility and court system

Change: Trial and combat (showing their military nature) and foresters to police the royal forest (harsh) and castles > to show their power, prevent unrest and enforce law and order. Earls become less powerful and sheriffs began acting as the king's main representative.

What role did the Parish Constables have? (normans)

1250s

- local people nominated by the community

- It was an unpaid position.

- They held the post for a year.

- upheld the law

- led the hue and cry

- reported crimes

Change and Continuity: local communities in the Normans?

Continuity: hue and cry, trial by ordeal used if jury didn't reach decisions

Change: parish constables led the hue and cry and arrested suspects.

Night watch - volunteers handed them to the constable.

Trial by ordeal abolished in 1215.

Changes: Role of government-appointed officials in the Normans?

(knights, keeper of peace, sheriff)

1. Knights were appointed by Richard I as keepers of peace from 1195. Edward II extended it to all areas.

2. Role of keeper of peace evolved to Justices of the Peace. Heard minor crimes 4 times a year, appointed by monarch.

3. Role of sheriff expanded > tracked down criminals if hue and cry didn't work.

Formed a posse of local men to help chase criminals.

Changes in medieval punishment:

Anglo-Saxons, Normans, Later medieval

Anglo-Saxon: Fines and compensation, wergilds, corporal was common, capital was rarely used.

Norman: More offences became capital crimes, corporal punishments rose, Forest laws punished harshly, wergild to the king, minor crimes > fines, whipping, stocks (humiliation)

Later Medieval: capital decreased, crimes against authority still harsh, many juries would not convict unless regularly offended, fines became more common.

Examples of social status and punishment

• The amount of Wergild payable in Anglo-Saxon times depended on the victim's social status. Wergild for nobles was a huge sum, whereas Wergild for a serf was very little.

• During the later medieval period, commoners were usually hanged for murder while nobles were usually beheaded.

What was the role of Church courts in 13th century?

- used to try people accused of moral crimes > multiple wives, blasphemy, failure to attend church

- more lenient punishments to give a chance to reform > fines, excommunication but didn't use execution so they can repent.

What was the 'Benefit of Clergy'? (and cons)

- claim to be tried in a church court. Intended only for priests but used by anyone loosely connected with the church.

- proved it by reading from the bible

- many laymen memorised it

- Shows how the justice system wasn't equal

- Wasn't available to women

What was a santuary?

(example of a powerful one)

- protection from the law

- a person could claim sanctuary by going to one of these churches.

- crime was reported but accused not arrested.

- The accused could either agree to go to court or swear an oath agreeing to leave the country.

- If the accused had not left the country within 40 days, they would be outlawed.

- Westminster Abbey had authority to grant virtually permanent sanctuary, and could accommodate hundreds of people at

once

Why was trial by ordeal abolished?

- The Church felt it was improper to ask God to intervene, it was akin to demanding a miracle.

-An increased understanding of science and rise in rational thought.

- Pope decided that clergymen would no longer be allowed to take part

Changes in society: Early Modern England (1500s to 1700s), what crimes did they lead to?

- Increased in population, decline of feudalism led to higher unemployment, more people moved to towns. > crimes against person, petty thieves.

- The end of feudalism and new farming methods led to enclosure of lands > crimes against property, poaching (less land to hunt on)

- Changes in people's religious beliefs and the religion of the monarch > crimes against authority, heresy

Why was there an increase in crimes against authority in 1500s?

Treason: more disputes on who should rule

Heresy: official religion kept changing from Catholicism and Protestant. Monarchs became the head of the Church, heresy and treason became interlinked.

Heresy vs Treason

High treason - the crime of plotting or acting to overthrow or harm the ruler or country. Heresy - the crime of having religious beliefs that were different to the official religion of the country.

Why did Heresy become a crime?

1382: Some people wanted the church to be reformed, clergy and monarch felt undermined and threaten, medieval king and queens were keen to support the church. Punished by stake.

Timeline of Treason and Heresy:

1509-47: Henry VIII executed Protestants for heresy throughout his reign and Catholics for treason if they wouldn't accept Henry as head of the Church after 1534.

1558-1603 Elizabeth I executed many 'rebels' for treason but far fewer for heresy.

1547-53 Edward VI executed leaders of rebellions for treason and two Catholics for heresy.

1553-58 Mary I executed leaders of plots to replace her and many Protestants (almost 300) for heresy

1603-25 James I executed many Catholics for treason.

What were 'new' crimes in 1500s to 1700s? And why?

Vagabondage > increasing population, failing wages, no system to help (closure of the monasteries in 1536)

Smuggling > import tax in 17th century

Witchcraft > fears increased

How were vagabonds seen by the public?

- hated and feared

- resented by the population and they resorted to thieving and begging

- viewed as lazy

- 'idle hands are the devil's tools'

- made to be a crime > government pressed by the public

- encouraged riots and rebellions

What was the punishment under the 1494 Vagabonds and Beggars Act?

Vagabonds were put in stocks for three days and nights, then sent back to where they were born or most well-known.

What was the consequence of the 1547 Vagrancy Act for the able-bodied without work for more than three days?

They were branded with the letter 'v' and sold as a slave for two years. (Repealed as it was impossible to enforce.)

How did the 1597 Act for the Relief of the Poor categorize vagrants?

It split vagrants into two categories: 'deserving' (elderly and disabled) and 'undeserving' (those fit for work).

What was the outcome of the 1601 Poor Laws for the 'deserving' and 'undeserving' poor?

The 'deserving' poor were given poor relief by the local parish; the 'undeserving' could be branded, whipped, or sent to a correction house.

How was smuggling viewed in early modern england?

• bringing goods into the country to avoid import tax > social crime

• difficult to enforce > small amount of boat patrols compared to the coastline

What were the laws about witchcraft in 1500s to 1600s?

• In 1542, Henry VIII made witchcraft punishable by death.

• In 1563, Elizabeth I changed the law so charges of witchcraft had to be tried in a common court.

• In 1604, James I instructed the death penalty to be given to people 'summoning evil spirits'.

Why was law enforcement changing by the early modern england?

The increased size of populations of towns meant traditional methods were less effective. Role of churches decreased and town authorities increased.

Similarities of catching criminals: Medieval & Early Modern

- hue and cry > people were still expected to join

- no national police force, crime prevention varied

1500s to 1700s: Changes - Benefit of the Clergy

- Justice system become far more secular (non-religious)

- 1512, any layman who committed certain crimes couldn't claim the benefit

- 1536, clergymen were treated the same as laymen

- list of 'unclergyable' offences grew

1500s to 1700s: Changes - Santuary (the changes made by monarch)

- 1540, serious crimes removed the right to a sanctuary

- In 1623, James I abolished sanctuary altogether.

What were new roles for enforcing law in the 1500s to 1700s.

Watchmen, Town constables, theif-takers

Role of the Town constables? (1500-1700s)

1. Employed by authorities in towns.

2. Respected members of the community.

3. Had the power to arrest suspects and take them to the Justices of the Peace.

4. In charge of the watchmen in their area.

5. Helped with town administration.

Role of the Watchmen? (1500-1700s)

1. Carried a lamp to light their way.

2. Rang a bell to alert people.

3. All male householders were expected to volunteer and role was unpaid. > unless they were hired by the rich

4. Patrolled the streets between 10pm and dawn.

5. Overseen by town constable > handed them criminals.

Role of the thief-takers? (1500-1700s)

- paid by victims of officials

- found and captured thieves

- by 1690s had fixed rewards so people made a living out of it

Continuity: types of punishment in 1500s to 1700s vs medieval

Still focused on deterrence and retribution

Fines: minor crimes.

Pillory or stocks, flogging or maiming: begging, drunkenness and vagrancy > for humiliation

Hanging: theft, murder and poaching, and also witchcraft and smuggling > in public, usually in Tyburn

Nobles were beheaded rather than hanged. (less prestige)

Burning: heresy.

Changes: types of punishment in 1500s to 1700s vs medieval

- Debtors (couldn't pay back loans) could be held in prisons until debts were settled

- 1550s, vagabonds can be sent to houses of correction to work

What was the Bloody Code?

• 1688 - 1825

• The number of crimes punishable by death.

• 50 capital offences for even minor crimes

- 200 by 1800s

• Aim was to frighten and deter people

• hundreds of minor offences against property were made into capital crimes

How did the English Civil War affect laws?

- Before, the monarch was the most powerful authority but was now weakened

- English Bill of Rights was passed > limited royal power and gave Parliament more freedom to pass laws

- Many were landowners so punished heavily against crimes against property

Change in punishments: 1500s - 1700s

- Bloody code

- Transportation to America (1603-25)

• They did manual work and were sentenced to 7 or 14 years, most couldn't afford to go back.

• 50,000 - 80,000 people transported

• Rehabilitation and deterrent

- Alternative to execution for petty crimes (prisons weren't established yet)

- Provided workers to establish american colonies

Gunpowder Plot: Why did they do it?

- after 1570, Elizabeth I passed laws that prevented Catholics from practising their faith

- they hoped for more freedom in James I reign but he continued the laws (his wife and mother was catholic)

- wanted to make James' daughter queen (catholic)

- declared his hatred of Catholicism in 1604, fines for recusancy were reintroduced

Gunpowder Plot: Who were involved?

- Robert Catesby

- Thomas Winter

- Thomas Percy

- John Wright

- Guy Fawkes

Gunpowder Plot: How were they caught?

Lord Monteagle gave a letter to Robert Cecil (spymaster) he received on 30 October 1605, which warned him not to attend the state opening of parliament.

Cecil ordered a search and Guy Fawkes was discovered on 5th Nov 1605.

Gunpowder Plot: What was their punishment?

- Guy Fawkes was arrested, tortured to give up the names of the other conspirators.

- Found guilty of treason in January 1606.

- Publicly hanged, drawn and quartered

> harsh as it was very serious, deterrent so less crimes happen in a period of political instability.

Matthew Hopkins - Who was he?

- details of how many people he accused

- a witch finder

- 1645-47

- involved in trials of around 250 accused witches

- at least 100 people were executed

- 36 in 1645, 19 hanged

- south-eastern England

Matthew Hopkins - what were his techniques?

- exhaustion > forced the accused to stay awake

- humiliation > search their body for a Devil's mark and if found then would be pricked with pins. No pain = guilty

Whose influence increased the fear of witches?

Matthew Hopkins - his prosecutions and pamphlet - 'The Discovery of Witches' - info spread more quickly, charged in towns for his witch finding services.

James I - Demonologie, encouraged witch-hunts.

What did Hopkins write to justify his methods?

'The Discovery of Witches' in 1647 to define witchcraft. It was in response to the criticism to his methods, many thought he was profiting unfairly by forcing innocent people to confess

Why did fears of witches rise in the 1600s?

- Economic problems from the civil war > scapegoats

- Social changes > many women widowed and more strangers

- Lack of authority > law and order not fully enforced as a result of civil war

- Political instability > civil war, lots of distrust so more suspicions

- Religious changes > tensions between the different sects

- Influence > printing press in 1440

Witch-hunts: What was the evidence?

- Unusual marks on the body of the person accused.

- Witness accounts.

- When pricked with a needle the accused doesn't bleed.

- When thrown in water the accused floats.

- Confessions from the accused.

- If two proven witches swear the accused is a witch.

1700s to 1900s: What crimes increased?

Street theft and burglary; drunk and disorderly behaviour; prostitution and public disorder.

1700s to 1900s: Why did crimes increased?

- More people were travelling and moving into towns > less people knew each other

- Larger towns > easy to escape

- Criminals > became professional within gangs

- Extreme poverty > led to a rise in survival crimes

1700s to 1900s: What 'new' crime was there?

+ why was it common?

Crime against the person - Highway robbery

- improved roads meant more people travelled

- increased trade so more goods and money was transported by road

- many roads were isolated so it was easy to get away with it, towns spaced far apart

- bank systems weren't developed

- sometimes seen as heroic (Turpin and King)

- carriages used more, so several people could be robbed at once

Why did Highway Robbery suddenly decrease in the 1830s?

- introduction of patrols on major roads

- enclosures and turnpike gates (pay a toll to pass) made it harder for highwaymen to escape

- banknotes increased so more easier to trace when stolen

What was enforced to reduce highway robbery?

In 1772, it was a capital crime to be armed and disguised on a high road.

Mounted patrols and growth of railways reduced it - disappeared in the 1830s.

Changes in poaching: 1700s to 1900s

+ how was it viewed?

- Increased with gangs working in large scales

- 1723 Waltham Black Act > capital crime and illegal to carry equipment and in a disguise > part of bloody code

- extremely harsh, excessive punishments, affected individuals and gangs

- Viewed as unfair so repealed in 1823, part of Peel's reforms but still banned

Changes in smuggling: 1700s to 1900s

- Why was it hard to enforce?

- Increase as taxes were so high

- They would make large profits so gangs smuggled huge volumes > Hawkhurst Gang

- Mounted officers tried to prosecute them but was difficult of the large areas

- Some seen as heros who brought them cheap goods, saw the government as unreasonable

- Public supported them

Changes in smuggling: 1700s to 1900s

- What was done in response?

- Taxes reduced in late 1700s on tea and other goods

> less incentive to smuggle

- watchtowers & coast guards in 1820s made it easier to catch smugglers

How did attitudes to witchcraft change in the late 1600s and 1700s? + why?

Accusations decreased:

- The Royal Society, 1660s promoted science, educated people and explain superstitions

- John Holt > Lord Chief Justice (1689-1710) acquitted people accused, his approach influenced other judges

- Witchcraft Act 1735, made it illegal for someone to claim they had magical powers (fine or prison)

- some people still believed it so locally-organised witch hunts happened in some places

Why did witchcraft stop being a crime in 18th and 19th century Britain?

- Economic and social changes led to more prosperity and political stability.

- More people were educated so less superstitious

- Charles II set up the Royal Society > explained things previously thought to be the work of witches.

Who were the Tolpuddle Martyrs?

- 1834

- George Loveless and his brother James, Thomas Standfield and his son John, James Hammett and James Brine.

- A group of farmers formed a 'friendly society' (early from of trade union) to protest low wages

- Farm owners and Government feared they were losing control of their workers

- They were arrested for taking secret oaths so found guilty.

- Punishment: max sentence of 7 years transportation to Australia (deterrence for others)

What were the public's attitudes towards the Tolpuddle Martyrs?

- Mass protests, 100k people gathered near Kings cross

- Petition of 200,000 signatures in opposition of the harshness

- The Home Secretary decided to continue their sentence and the six were sent to Australia.

- Protests continued and in 1836 (2 years later) the martyrs were pardoned and returned home.

What was the Significance of the Tolpuddle Martyrs?

- authorities used laws to criminalise people they viewed as a threat.

> scared of from the French Revolution

- inspired some to fight for workers' rights but others were put off by how the martyrs were treated.

- shows impact that the public opinion had on laws

Continuity of policing in 1700s to 1900s?

- Watchmen

- Parish constables > petty crimes

- Soldiers > put down riots

What new role for policing was established in 1700s?

- Bow Street Runners: 1749

- Set up by Henry Fielding (Chief Magistrate) to tackle huge crime + John (1754)

- Charged fees but in 1785 were paid by the government

- The patrols were less successful than the detecting side as there wasn't enough of them.

- Introduced new methods of finding evidence > the first modern 'detectives'.

- Shared information on crimes and suspects with others - the beginnings of a crime intelligence network.

Timeline: Development of police forces, 1829-1900

1829 Metropolitan Police Act - began Britain's rst professional

1835 Municipal Corporations police force in London. Act - borough councils could set up police forces in their area (but only around half did so).

1839 Rural Constabulary Act - counties could set up police forces, which two-thirds of the counties did.

1842 Detective department set up at the Metropolitan Police Force headquarters in London.

1856 Police Act - forced all towns and counties to set up a professional police force. 1878 Criminal Investigations Department (CID) set up for the Metropolitan Police Force.

What was the 1856 Police Act?

It made professional police forces, based on the metropolitan police force, compulsory across the whole country.

Forces funded by government, regularly inspected.

Aim to deter crime.

How did the views on the purpose of punishment change in the 1700s to 1900s?

+ What was ended?

- Capital crimes reached a peak of 222 in 1810 (Bloody Code) but the deterrence wasn't working.

- Retribution and deterrence

- Punishments should be equal to the crime commited

- corporal and capital punishments were inhumane except for very serious crimes

- rehabilitating the offender.

- decrease in death penalty, end of bloody code.

- increase in transportation and then imprisonment

- ending of public executions in 1868.

Why was the bloody code ended?

- Juries were reluctant to convict so criminals were going unpunished

> also didn't want to treat thieves as murderers

- Some claimed it was against God's law to execute people for minor crimes

- Prisons and transportation were alternative punishments

- abolished in 1861 apart from serious crimes

Timeline: Punishments in 1700s to 1900s

1610 Transportation to America begins.

1770 Eastern Australia claimed for Britain.

1774 Gaol Act.

1776 American War of Independence stops transportation to USA.

1787 Transportation of criminals to Australia begins.

1787-1868 Over 160 000 people transported to Australia.

1822 Last hanging for shoplifting.

1823 Gaols Act.

1825 End of the Bloody Code as capital crimes reduced to 122.

1842-77 90 new prisons built.

1850s Transportation slows down.

1868 Transportation abolished. No more public executions.

Why did transportation to Australia end in 1800s?

• Australia no longer needed forced labourers

- The discovery of gold made it an attractive place to go

- 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 both the criminals and their families.

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

What was the Trial by Hot Water?

- It was mainly used for men.

- The accused had to plunge an arm into boiling water.

- If the wound was healing well after three days, the accused was innocent, but they were guilty if it wasn't.

What was Trial by Cold Water?

- It mainly reserved for men.

- The accused would be tied up and plunged into a deep pool of cold water that had been blessed by a priest. If they floated, the water — and therefore God — was 'rejecting' them, meaning they were guilty.

- If they sank, the water had 'accepted' them, so they were innocent.

What was Trial by Hot Iron?

- It was mainly used to test women. In this trial

- The accused had to walk a short distance holding a red-hot iron bar.

- As in trial by boiling water, if their wound wasn't healing well after three days, they were judged to be guilty.

Why were ordeals used?

- Using God's judgement would allow the jury to accept the verdict, frighten people into confessing and deterrent.

How did William I react to the rebellions?

(harsh, earls, nobles)

In 1069, he reacted swiftly by devastating the northern area > killed many people and was known as 'the harrying of the north'

Also replaced the nobles by giving their land to the Normans. By 1100, all were replaced so all Normans had control over the enforcement of law.

Earls were replaced to those who supported him.

He wanted to stop any further rebellions by removing their resources and deter others.

What was the Murdrum fine?

If a Norman was killed and the murderer not found within five days, the local community would be fined.

How did the law become more centralised in 1100s?

- royal judges were to travel the country and hear the most serious cases > so these cases were treated the same way

- role of coroner was created > investigated suspicious deaths and took charge of fines.

- keepers of peace were appointed in all areas > imprisoned criminals and judged cases.

- these reduced the power of communities to police themselves

What was the Statute of Labourers?

Why was this law in response to?

1351, made it a crime to:

- demand higher wages from your lord

- move away from your Lord's land to seek higher wages elsewhere.

- work for more than a set maximum wage.

It was in response to a major social change - the Black Death which killed around a third of the population so there were less workers.

What was the 1351 Treason Act?

- redefined high treason: any attempt to overthrow or harm the king or his family.

- a new punishment for high treason was introduced — being hanged, drawn and quartered (this was only used ~ a dozen times before 1500s)

- used as a deterrant

What was the English Reformation?

Henry VIII's break with the Catholic Church and his establishment of himself as the head of the Christian faith in England. (act of supremacy)

Anyone who refused to accept this could be committed for treason or heresy.

What laws did Edward VI enforce/change about religion? (1500s)

- Book of Common Prayer (1549), Protestant church services in English

- Act of Uniformity (1549), compulsory to use book of Common Prayer (fined or prison otherwise)

- Henry's laws for heresy were repealed > only 2 were executed in Edward's reign

What laws did Mary I enforce/change about religion? (1500s)

- more heresy laws

- overturned Henry's act of supremacy

- banned Edward's prayer book

- executed hundreds of Protestants (burned at stake) for practising their relgion.

What laws did Elizabeth I enforce/change about religion? (1500s) (how did she compromise?)

- middle way to compromise

- act of supremacy, 1559 (made her Supreme Governor)

- act of uniformity (Protestantism the official faith and fines for the recusants)

- some catholic elements in services

- Treason Act 1571 > to say Elizabeth wasn't the rightful queen

- 250 Catholics executed

Why were vagabonds more common in the 1500s?

(and crime like poaching increase)

- population grew rapidly

- there were poor harvests so more food shortages, prices went up

- changes in farming so needed less workers > switched from crops to sheep and enclosures, reduced common land by landowners to make them into farms

- dissolution of Monasteries (1536), removed support for the poor and took the monasteries money and land.

- had to resort to crimes

What was the Pilgrimage of Grace?

An uprising in norther England in 1536 against dissolution of the monasteries, and for the church to be under the control of the pope.

It failed so 200 rebels were executed.

Why were poaching laws hard to enforce? (1500-1700s)

Many people ignored them as it was seen as a social crime. The illegal black market trade in poached game was common in this period. Many people resorted to this as poverty increased.