Crime and Punishment

Question 1

What is a crime, and what are crimes against a person, property, and authority?

Answer 1

Crime - an activity that breaks the law
Crime against a person - Murder
Crimes against property - Arson
Crimes against authority - Treason

Question 2

How did the importance of the king in making laws grow after 1066?

Answer 2

As his authority increased, William added new laws that created new crimes, showing how a powerful king can lead to change

Question 3

What was poaching?

Answer 3

• Hunting wild animals on other people’s land - a form of theft - crime against property
• Increased dramatically when the forest law (not allowed to then also take wood) was introduced - seen as a social crime because it was acceptable and allowed peasants to survive - reducing the amount of land was the breaking point for people either to obey the law or go hungry
• Resentment from village communities who were evicted

Question 4

What was the Murdrum fine?

Answer 4

• If an Anglo Saxon murdered a Norman and the culprit was not caught, a large sum of money has to be paid by the hundred where the body was found

Question 5

What changed and what was continued between Anglo Saxon and Norman law enforcement?

Answer 5

• After 1066, they kept most of the Anglo Saxon systems
  Changes: Introduced trial by combat, and used foresters to police the Royal forests
  Continuity: Kept tithings, hue and cry, the court system, and most cases kept community responsibility

Question 6

What was the changes and what was continued with the role of the local communities?

Answer 6

Changes: Parish constables led the chase for the criminal in hue and cry from the 1250s, and arrested suspects. Also, some towns had a night watch, in which volunteers patrolled the streets. Trial by ordeal and combat were banned in 1215.

Continuity: Hue and cry remained, tithing remained, if the jury couldn’t reach a verdict, trial by ordeal/combat was still used.

Question 7

What was the changes with the role of the government appointed officials?

Answer 7

Changes: Knights were appointed as ‘keepers of the peace’ in unruly areas in 1195. Edward II extended this to all areas.

In 1361, the Justices of the Peace Act happened, where JPs were hired to see to minor crimes in small courts 4 times a year - were mostly lords and appointed by the monarch.

The role of the sheriff expanded - now expected to track down criminals if the hue and cry did not work. 1285, was allowed a posse.

Question 8

What were the main aims of medieval punishment?

Answer 8

Retribution, protection and deterrence

Question 9

What were Anglo-Saxon, Norman and Medieval punishments?

Answer 9

AS - Fines - Saxon Wergild paid to victims of families. Corporal punishment common but capital rarely used.

Norman - Capital and corporal rose dramatically, breaking forest laws led to blinding, hanging or castration. Wergild ended - had to pay the king. Very minor crimes were whipping, or stocks (humiliation)

Later medieval - Capital gradually decreased, Corporal still widely used, Fines became more common

Question 10

List 6 types of punishment:

Answer 10

• Fines
• Stocks (humiliation)
• Maiming (corporal)
• Flogging (corp)
• Hanging (capital)
• Beheading (capital)

Question 11

Social status and punishment?

Answer 11

• Punishment varied on class and gender
• Wergild in AS times had to pay depending on victim’s social status
• Later medieval, commoners hung whilst nobles were beheaded

Question 12

What was the benefit of the clergy?

Answer 12

Church courts also tried members of the clergy for their crimes
(13th century loads of moral crimes like having sex outside of marriage)
- People proved their right by reading a passage from the Bible as only priests could read - women couldn’t - weren’t priests
- So many people memorised it
- Church courts were more lenient as they wanted to give a chance to reform
- Significant as it illustrated how unequal the justice system in medieval society was - operated alternative authority

Question 13

What was sanctuary?

Answer 13

• Protection from the law
• Priest could report the crime but person could not be arrested, god was protecting them
• Would have to either agree to go to court or swear an oath to leave the country - if they didn’t leave, they were outlawed
• Significant as it illustrated how unequal the justice system in medieval society was - operated alternative authority

Question 14

Crimes in early modern England causes and consequences

Answer 14

• Increase in population, higher unemployment led to crimes against the person, and an increase in petty thieves and street criminals
• New farming methods led to enclosure of land - crimes against property - poaching
• Changes in people’s religious beliefs - crimes against authority and treason and heresy

Question 15

What was vagabondage or vagrancy?

Answer 15

• An unemployed, homeless person - big increase in the 15th and 16th century saw a large increase of these due to increasing population, falling wages and rising food prices
• Viewed as lazy and responsible, resorted to thieving and begging for charity to survive. Hated and feared.

Question 16

List vagabond acts:

Answer 16

1494 Vagabonds and Beggars Act - vagabonds were put in stocks for 3 days and nights, then sent back to where they were born or well known

1547 Vagabondage Act - Able bodied people without work for 3 days were branded with a V and sold as a slave, but it was impossible to enforce so it was repealed immediately.

1597 Act for the Relief of the Poor - split vagrants into 2 categories - ‘deserving’ - elderly, disables people and ‘undeserving’ - people who could work

1601 Poor Laws - ‘deserving poor’ were given poor relief by the local parish and the ‘undeserving’ could be branded, whipped, or sent to a correction house

Question 17

What is smuggling?

Answer 17

When import tax on certain goods like tea or brandy came, people tried bringing goods secretly to avoid paying import tax and then sell it on.

Question 18

What is witchcraft?

Answer 18

• Had been a minor crime in med times, dealt with Church courts, but then early modern period, new laws against witchcraft were passed, making it serious.
• 1542 Henry VIII made it punishable by death
• 1563 Elizabeth I changed it to be treated at common court
• 1604 James I instructed death penalty to anyone ‘summoning evil spirits’

Question 19

Continuity and change in catching criminals and preventing crime

Answer 19

• People were still expected to raise and join hue and cry
• No official police force but there were watchmen who carried a lamp at night, rang a bell to alert people, all male householders were expected to volunteer - unpaid, and patrolled the streets between 10pm and dawn, and were overseen by town constable
• Town constables - employed by authority in towns, respected members of the community, has the power to arrest suspects and take them to JPs. In charge of watchmen, helped with town administration

Question 20

Changes in the role of the Church in early modern England

Answer 20

Benefit of the Clergy: Henry VII branded people to show they were worthy of the privilege and from 1576 Church courts couldn’t try criminal acts, only moral ones

Sanctuary - There were designated sanctuaries and no exile abroad from Henry VIII and 1623 - James I abolished sanctuary.

Question 21

Continuity in early modern England punishment?

Answer 21

• Fines for minor crimes
• Stocks, flogging for vagrancy
• Hanging for theft, murder or poaching
• Burning for heresy

Question 22

What is Bloody Code?

Answer 22

• 17th century crimes punishable by death increased - minor crimes punishable by death

Question 23

Transportation to North America?

Answer 23

• Transporting criminals to colonies in North America, where they did manual work for up to 7-14 years. Then released, but some people couldn’t afford to come back. (began in 1603 under James I)

Question 24

What was the Gunpowder Plot?

Answer 24

After 1603, when the Tudor reign ended, James Stuart, Elizabeth I inherited the throne, anti catholic laws were still followed (couldn’t practice their faith)

A group led by Robert Catesby plotted to kill the king and other protestants at the state opening of Parliament on the 5th Nov 1605

They rented a house next to, and a cellar directly underneath the Houses of Parliament, which they filled the barrels with gunpowder

Lord Monteagle sent a letter warning Robert Cicil (James I spymaster) not to go, and he ordered a search of Parliament. The gunpowder and Guy Fawkes were discovered. He was tortured to give the names of the rest

The plotters were tried and found guilty of treason in Jan 1606, then hung, drawn, and quartered on the 30-31 of Jan

Question 25

What were the witch hunts?

Answer 25

When people tried to actively try and find witches. There were hunts in 1645-47 during the English Civil War. Hundreds of woman and a few clergymen were investigated, and those convicted were hung

Question 26

What were the reasons for the intensity of the 1645-47 witch hunts?

Answer 26

- Economic problems - poor harvests and people were looking for scapegoats in the Civil War - Social changes - the war left many woman widowed - Lack of authority - the Civil war weakened the control of the local authorities, and in some areas it collapsed completely - Religious changes - religious differences during the war. Many Puritans believed witchcraft was being used by the Royalists, some of whom were Catholic - Influence of individuals - 1603, James I promoted witch hunting, and Matthew Hopkins stirred up the fear of witches

Question 27

What were meant to be evidence of witchcraft?

Answer 27

- Unusual markings on the accused - Witness accounts - When pricked with a needle doesn't bleed - When thrown in water the accused floats - Confessions - If 2 proven witches swear the accused a witch - 'Possessed' children acting as accusers

Question 28

Who was Matthew Hopkins?

Answer 28

- Employed by the Justices of the Peace to find witches in Essex and East Anglia - Received money for each prosecuted witch, led to 300 tried people, 112 hung - Tortured witches by sleep deprivation and found other names - Stir up mass panic of witches in 1645-67 through his prosecutions and pamphlets

Question 29

Factors causing increased crime in the 1700-1850?

Answer 29

More street theft and burglary, drunk disorderly behaviour, prostitution and public disorder: - People travelling more into towns, so fewer people knew each other - Larger towns - easier not to get caught - Professional criminal in gangs - Extreme poverty - survival crime

Question 30

Why did highway robbery increase in the 18th century?

Answer 30

- Improved roads, more travel - Increased trade - goods and services transported by roads - Isolated roads, easier to rob

Question 31

What were the changes in poaching in the 18th century

Answer 31

- Increased, large scale gangs, 1723 Waltham Black Act, made it capital, and can't carry snares or hunting dogs in a poaching areas. Many poaching laws were repealed in 1823.

Question 32

What were the changes in smuggling from 1740-1850?

Answer 32

- Increased cause the taxes were too high - Smugglers made high profits, led to the Hawkhurst gang - Mounted customs tried getting them prosecuted, but found it hard, because of the large areas of coast to patrol - Taxes were cut in 1840s and smuggling decreased

Question 33

Why did witchcraft stop being a crime?

Answer 33

- Economic changes and social changes led to more prosperity and political stability - Some people still believed in witches and the devil, however most were less superstitious - The Royal Society set up by Charles II led to increased scientific experiments, which explained previously by the work of witches

Question 34

Who were the Tolpuddle Martyrs

Answer 34

- 1834, a group of farmers formed a friendly society (an early form of trade union) to protest about their low wages - The farm owners and gov feared they were losing control, and the 6 men were arrested for taking secret oaths - an old laws intended to stop naval mutinies - They were found guilty and were transported for 7 years in Australia to deter others from making trade unions - Their sentences were spread quickly due to the press, and mass protests happened of 200,000 signatures. In 1836 the martyrs were pardoned and returned home

Question 35

What was the significance of the Tolpuddle Martyrs?

Answer 35

- Highlights how authorities used laws to criminalise they viewed as a threat - Shows how the gov would protect the interest of employers at the expense of workers - The impact of public opinion - they WERE pardoned - Inspired others to fight for worker's rights

Question 36

What was the continuity and change in policing in 1749?

Answer 36

- Watchmen continued to patrol cities on foot at night - cont - Parish constables dealt with petty crimes - cont - Soldiers were used to put down riots and large protests - cont - The Bow Street Runners tracked down criminals and stolen property in 1749 - change

Question 37

Who were the Bow Street Runners?

Answer 37

- Established in London in 1749 by Henry Fielding (chief magistrate of Bow Street) to tackle huge crime, taken over by his half brother, John in 1754 - At first they charged fees and collected rewards, but then were paid by gov in 1785 - Introduced new methods of finding evidence - started the modern detectives - Branched out to patrolling major roads both on mounted patrols, but not as successful as the detecting side - Began a crime intelligence network by sharing information on crime and suspects

Question 38

What were factors that led to changed views on the purpose of punishment?

Answer 38

- In the 19th century, it was clear the Bloody Code wasn't working as a deterrence, so believing that deterrence and retribution, they believed: - Punishment should be equal to the crime committed - Corporal and capital were inhumane except for very serious crimes - Punishment should be rehabilitating the criminal So the end of public executions was in 1868

Question 39

Transportation ended in 1868 because....?

Answer 39

- Australia no longer needed forced labourers, as the discovery of gold made it an attractive place to go, and they didn't want more criminals - Some felt it too expensive and not strong enough to deterr, and others felt it was too harsh for the families - More prisons were built and prison was increasingly used