4. Methods Of Punishment Flashcards
In the medieval period, how was guilt determined?
Trial by jury, if no decision could be reached then a trial by ordeal would occur. A physical task to decide guilt, with god being the judge.
E.g blessed bread- if choke then guilty, cold water- if frost then guilty, hot iron & hot water- if infected after 3 days then guilty
What were the types of punishment
Corporal- inflicting pain/ mutilation
Capital- execution
Humiliation
Exclusion- removal from society
Compensatory- paying money
What were the purposes of punishment
Deterrence- show consequences of crime to stop others doing the same,
Reform- reforming the characters of offenders so they won’t reoffend,
Maintenance of law & order- punishments to show consequences of crime?
Protection- society protected by offenders being punished appropriately,
Retribution- offenders deserve punishment.
What were punishments in medieval era like + examples
Harsh and designed to deter.
Fines- compensatory & deter
Whipping-corporal&deter
Stocks + pillory- humiliation + deter
Multinationals- corporal&deter
Execution- capital
Imprisonment-exclusion&maintainingLaO
What were punishments like in the early modern era
Vagrancy grew significantly in Tudor period due to worsening economic conditions- punishment for minor crimes already harsh and vagabond were treated no differently. They were whipped, had a hole burnt in their ear and branded with a V- act passed in order to do this was the 1572 vagabond act.
What were punishments in the industrial era like
Medieval punishments still in use. Stocks & pillory (for minor crimes e.g drunkeness, failing to pay fines, gamblers, dishonest traders) still in use to publicly humiliate. Executions for more serious crimes(e.g murder, treason, arson) also done in public- in London the tyburn tree was a triangular gallows designed to hang multiple offenders at once, execution days attracted big crowds.
Transportation punished criminals by sending them overseas, firstly to America and then Australia. It reduced crime in Britain and imprisonment was costly. Hard work+learning new skills reformed criminals. When it ended in America or caused a crisis for British prison system as couldn’t cope with overcrowding -
prison hulks (old, rotting war ships) housed criminals following rapid increase in prison pop. Had v poor sanitary conditions and so many died+ fights/riots broke out.
Hulks were ineffective at dealing with large number of prisoners so transportation to Australia began but ended when parliament deemed it as not enough of a deterrent+ v expensive.
Prisons were then developed(more on other cards)
Why was there a need for a prison reform in industrial era?
Before 18th century prisons were just used for holding offenders awaiting trial. Prisons were not seen as a punishment themselves, severe overcrowding, unhygienic conditions and neglect of prisoners basic needs meant there was a need for reform.
Influence of prison reformers highlighted poor conditions and made efforts to initiate change.
Ending of transportation- gov had to find alternative.
Change in attitudes- public found bloody code unfair & gov took a more humanitarian approach.
Which 3 people were responsible for prison reform, what did they propose and achieve?
John Howard- experienced prison for himself and wanted to improve conditions, found many criminals were in prison for minor offences- goals act passed 1823 and another bill put an end to jail release fee.
George o Paul- improved security, health checks and separation between those awaiting trial, minor and more serious offences each with male & female sections- gov allowed new buildings
Elizabeth fry- improve prison conditions for women, felt it would help reform + give them a better chance in life after release. 1817 formed association for improvement of women prisoners in Newgate campaigning for women in prison to get education, discipline and useful work + religion- conditions for women in Newgate prison greatly improved and similar changes later happened in other prisons
What was the gaols act 1823
Addressed the reforms demanded by Howard and fry.
1.Prisons established in each county & large town administered by local authorities.
2. JPs to inspect prisons and report on conditions.
3.system of discipline to be established in all prisons.
4.prisons has to be secure and healthy.
5.gaoler(jailer) to receive a salary from local authorities.
6.prisoners classified according to age, gender, offence and length of sentence.
What did the gaolers act achieve
Prisons less crowded as minor crimes dealt with locally,
Regular checks on conditions,
Reduced fights+kept order,
No disease spreading.
More experienced criminals don’t mix with those committing minor crimes or awaiting trial.
90 new prisons built
What two systems were used in prisons and how did they work?
Separate- reform through isolation…Prisoners kept in separate cells where they worked, prayed and received religious teachings. It was believed that separation would lead to break down and then readiness to listen to advice. Only left cells for religious services or exercise, not allows to communicate with each other and so wore masks - this system was very expensive and had a high death rate + many went mad or had breakdowns.
Silent system- made life as unpleasant as possible, mostly through repetitive, boring tasks. Enforcement of silence at all time. Monotonous tasks included: treadmills, stairs, making rope and exercise.
Both failed to lower the re offending rate
What was the prisons act 1865
Prisons used as punishment, not reform.
Beds once hammocks replaced by more uncomfortable beds.
Hard labour.
Corporal punishment for serious misdemeanours
What was the prisons act 1877
Central organisation of whole prison system,
Three person committee to run all prisons in England & Wales,
All prisons brought under home office control
What were punishments for youth offenders like in the modern era
increasing desire to reform rather than retribute- Borstals were designed to be educational rather than punishing, a v rigid system was organised according to a strict set of rules. Focus on routine, discipline and authority. - abolished in 1982 and replaced with youth detention centres for short sentences, followed by supervision up to a year. More serious offences e.g violence or dru crime people could be sent to a young offenders institution
What were open prisons + examples?
Started after ww2 to house non-violent prisoners with a low risk of escaping. Aim was to resettle prisoners into community.
New hall camp in Yorkshire worked on farms or making boots, proving successful and other open prisons opened to relieve pressure on system like..
Ford open prison which gave work opportunities and vocational + academic opportunities for prisoners to get qualifications
