CRIMES AND PUNISHMENT Flashcards
(165 cards)
1
Q
What were the 3 were three categories of crime in Anglo-Saxon England?
A
Person
Authority
Property
2
Q
What are examples of crimes against a person?
A
Very Serious:
Murder
Least Serious:
Assault
3
Q
What are examples of crimes against a authority?
A
Very serious:
All of em
4
Q
What are example of crimes against property?
A
Very seriousness:
Arson
Least Serious:
Petty theft
5
Q
How did the Norman Conquest Change the Definition of Crime?
A
-Norman law, by contrast, was much harsher on women
-King William I made certain existing crimes more serious (murdrum law)
-He introduced the Forest Laws
6
Q
What is murdrum law?
A
1066
-This law applied when an Anglo-Saxon murdered a Norman
-In such an event, the people in the hundred where the body was found had five days to capture the murderer
-If they failed, they had to collectively pay a large fine
7
Q
What is forest laws?
A
1066
These created hunting grounds for William I, the Norman nobility and those who purchased hunting rights
Around 30% of England became a ‘royal forest’
8
Q
Why was poaching seen as a social crimes?
A
Poaching was what historians call a ‘social’ crime
Many villagers were willing to commit it themselves
Poachers who were caught would often go unpunished, as villagers generally turned a blind eye to it
9
Q
What was anglo-saxon law enforcement like?
A
-Tithings
-Hue and cry
-Trial by ordeal and jury
10
Q
What was a tithing?
A
A tithing was a group of 10 men in medieval England.
If one man broke the law, the others had to report him.
If they didn’t, they all got punished.
11
Q
What was hue and cry?
A
Everyone responsibility in the village to chase criminal
12
Q
What was trial by jury?
A
In medieval England, a trial by jury meant 12 local men decided if someone was guilty.
They knew the person or the crime.
There was no judge like today — just the jury.
13
Q
What was trial by ordeal?
A
Trial by ordeal was used when a court couldn’t decide if someone was guilty.
They believed God would show the truth.
It was used until 1215, when the Church banned it.
14
Q
What was norman enforcement like?
A
William kept:
Tithings
The hue and cry
Trial by jury
Trial ordeal
Introduced:
1-Castles to enforce law
2-Shire reeve/foresters (enforce forest laws)
3-Trial by combat
4-Change language of legal system
5-New courts: manor courts/ church courts
15
Q
How did Norman use castles to enforce law?
A
Castles:
-Helped impose law and order
-Control land and people
-Protect normans
-Symbolise norman authority
16
Q
How did William new positions enforce law?
A
- The shire reeve became the sheriff
- Foresters enforced the Forest Laws
17
Q
What was trial by combat?
A
Two people fought to settle a dispute.
They believed God would help the innocent person win.
It was mostly used by the rich or nobles.
If you gave up or lost, you were guilty and could be executed.
18
Q
How did the Normans change the language of the court?
A
-Laws written in Norman French
-Court records were kept in Latin
19
Q
How did manor courts enforce law?
A
-met to discuss and punish crimes that occurred on the lord of the manor’s land
20
Q
How did church court enforce law?
A
They dealt with moral crimes like swearing, not going to church, or sex before marriage.
They also judged priests and people who claimed benefit of clergy.
-No death penalty
21
Q
Royal courts
A
-Introduced by Henry II in 1163
-Dealt with serious crimes like MURDER
22
Q
Shire courts
A
-Used throughout medieval era
-Dealt with less serious crimes like public disorder
23
Q
Hundred courts
A
-Used throughout the medieval era
-Dealt with petty crimes like petty theft
24
Q
What new postion of authority were introduced in later mediaval era?
A
-Coroners (1194)
-Keepers (1195)
-Parish Constables (1285)
25
What were Coroners?
-Introduced by Richard I in 1194
-investigating deaths that lacked obvious or natural explanations
26
What were Keepers?
-Knights appointed by Richard I from 1195
-helping to keep the peace in some ‘unruly’ areas
-Developed into Justices of the Peace (JPs) by Edward III in 1327
- role expanded when the Justices of the Peace Act was passed in 1361
27
What did keepers develop into?
Into Justices of the Peace (JPs) by Edward III in 1327
28
What are Justices of the Peace (JPs)?
- Edward III in 1327
-role expanded when the Justices of the Peace Act was passed in 1361
- JPs were now allowed to preside over local courts
29
What were Parish Constables?
-Introduced by Edward I in 1285
-keeping the peace in their parish (smallest unit of local gov. in the country)
-Men in the parish volunteered to do this role in their spare time
-Held the post for one year
30
Describe the continuity and change for the HUE AND CRY in later medieval era?
- H&C STILL used
-From 1285 the sherrif could form a POSSE (Group of men over 21 to catch the criminal) if the system failed
31
Describe the continuity and change for tithings in later medieval era?
-Remained in place
-Some towns also had night watch
32
Describe the continuity and change for trial by jury, ordeal and combat in later medieval era?
-Trial by jury, combat and ordeal were still used
-In 1215, Pope Innocent III abolished trial by ordeal
33
What is retribution?
-designed to exact vengeance on a criminal
- suffer in proportion to the harm they have caused
34
What is deterence?
-Designed to prevent crime
-Based on the idea that fear would put people off committing crimes
35
What did early anglo saxon used as a form of punishment and what did it lead to?
-retributive blood feud system
LED TO:
-Even more violence
-Long-running disputes between families
36
What did they use as an alternative for the retributive blood feud?
Saxon Wergild
37
What was the Saxon Wergild?
- more about compensation than retribution
-Fines and compensation became the most common punishments in the Anglo-Saxon era
-Criminals had to pay a fine to their victims or their victims’ families
-Used for many crimes, including murder
-Also used in cases of physical injury
38
What are examples of wergild fines?
Loss of eye = 50 shillings
Loss of thumb = 20 shillings
39
How was corporal punishment used during anglo-saxon era?
-Frequently the punishment for reoffenders
-Mutilation was used on those who continued to commit petty theft
40
How was capital punishment used during anglo-saxon era?
-rarely used
-most serious crimes, like arson or treason
41
How were stocks and pillory used during anglo-saxon times?
-humiliate criminals in public
-Often punished crimes like public disorder
42
After the norman conquest what problem did the normans face and what changes did they have to make to deal with it?
-Anglo - saxon resistance
-They had to:
Strengthen their royal authority
Assert control over the people of England
They did this by:
making some important changes to punishments
43
What important changes to the punishments did Normans do to deal wth anglo-saxon resistance?
-Adapt Saxon Werglid
-Murdrum fines
-Corporal punishment dramatically increased
-who broke the Forest Laws were often punished with mutilation
-Capital punishment dramatically increased
44
Give me an example of how the saxon wergild was adpted for Normans to deal wth anglo-saxon resistance?
-Criminals now paid fines to the king, not to victims and their families
-Minor crimes like petty theft tended to be punished with fines
45
Give me an example of how the dramatic increase in corporal was for Normans to deal with anglo-saxon resistance?
- harsh punishments in public as a form of deterrence: Whipping was often used for minor crimes, like insulting a neighbour
46
Give me an example of enforcement of forest laws was for Normans to deal with anglo-saxon resistance?
-who broke the Forest Laws were often punished with mutilation, having their first two fingers cut off
47
Give me an example of Capital punishment also dramatically increased was for Normans to deal with anglo-saxon resistance?
Continued to be used for the most serious crimes
Started to be used more on reoffenders
48
What were examples later medieval punishment?
-King Henry II introduced prisons (12th century)
-Fines became more common
-Corporal punishment was still widely used : As before, it mostly punished reoffenders
-Capital punishment was also still used : capital offence of high treason was defined more clearly in law
Those convicted would be punished by being hung, drawn and quartered
49
How could those convicted of serious crimes avoid the death sentence?
-Buying an official pardon from the king
Fighting in the king’s army during war
Joining the Crusades
MEANING AS THE MEDIEVAL ERA PROGRESSED THE USE OF CAPITAL PUNISHMENT DECREASED
50
What 3 factors affected you medieval punishment?
Class
Gender
Religious authority
51
How did class affect you medieval punishment?
Determined the different fines set out in the Saxon Wergild
This made the Saxon Wergild unequal
52
What are examples of the Wergild Fines for Different Classes?
Prince = 1,500 shillings
Peasant = 40 shillings
53
How did gender afect you medieval punishment?
Norman laws treated women much more harshly than men
This was different to the Anglo-Saxon era when men and women were largely treated equally
54
How did religous authority affect your medival punishment?
Clergy were treated differently from lay people
From the Norman era onwards, they were tried in more lenient church courts
55
What were church courts concerened with during the 13th century?
moral crimes
56
What kinds of law enforcement did the church offer?
-Church courts
- Sactuary
-Benefitys of the clergy
57
What were the church courts responsible of trying for?
-Trying clergy accused of crimes
-Tries those accused of witchcraft
58
How did the church think punishments should be like?
-REFORMATION
59
What were the examples of punishments the church offered instead of the death penalty?
-Apology at mass
-Forced pilgrimage
-Confession
60
How did Henry II change the was the Church Courts enforced law?
- wanted a more standardised legal system
-separate Church courts as a challenge to his royal authority
-met with bishops at the Council of Clarendon to discuss the problem
- resulting Constitutions of Clarendon aimed to limit the Church’s power
61
What was the Constitutions of Clarendon?
A set of rules made by King Henry II in 1164.
He wanted to reduce the power of the Church and increase royal control over justice.
62
Example of a clause from the Constitutions of Clarendon?
clergy accused of serious crimes to be tried in secular courts
By the 13th century, clergy accused of crimes were tried in
Church courts for their first offence
Secular courts for their second offence
63
Sanctuary 13th century
Sanctuary meant a person could hide in a church to avoid arrest.
The Church protected them — the king’s men couldn’t take them by force.
They could stay for 40 days.
After that, they had two choices:
Go to court and face trial.
Leave the country (this was called “abjuring the realm”).
It was used in medieval and early modern England, but ended in 1623.
64
What was the benefit of the clergy 13th century?
-allowed special treatment to clergy accused of crime
-clergy to be tried in more lenient church courts
65
What were the flaws of the benefits of the clergy?
It often extended to anyone connected to the Church:
-supposed to only be for priests
-In reality, church doorkeepers and gravediggers could also claim it
unequal:
-Women were not allowed to be priests
-As a result, they could not claim benefit of clergy
open to abuse:
-Illiterate laymen (memebers not of the clergy plus cant read lol L BOZO RATIO) could claim benefit of clergy
66
What were the critisms of the benefits of the clergy 13th century?
Reformers criticised sanctuary and benefit of clergy, especially in the later medieval era:
1.allowed criminals to escape punishment
2. Church’s role in offering protection began to decline
67
How was trial by ordeal abolished?
1215, Pope Innocent III ordered priests to stop helping to organise trials by ordeal
In 1219, Henry III abolished trial by ordeal
68
What did abolishment of trial by ordeal result into?
More use of trial by jury
69
When was the early modern england era?
c1500-c1700
70
What were social changes in early modern england?
-Farming became more efficient
-The population increased
-Food prices increased especially during a bad harvest
-Unemployment rose
-Wages fell
-Urban areas became overcrowded
71
Explain how the social change of farming becoming more efficent came to be?
-Land enclosure increased
-Resulted in land being privately owned
-Poor people could not afford to buy land back
-Some tried to resist enclosures
-They pulled down hedges and fences
-Landowners became suspicious and threated by the poor
-Wanted laws in place to protect their land
-IN 1671 THE GAME ACT: made it a crime to take food from an enclose land
72
What was THE GAME ACT 1671?
-IN 1671 THE GAME ACT: made it a crime to take food from an enclose land
73
When was THE GAME ACT ESTABLISHED?
1671
74
What were the religous changes of the early modern era in england?
-HENRY VIII began the English reformation
75
What was henry VII english reformation?
Broke away from the authority of the Roman Catholic Church
Became the head of the Church of England
76
How did the nature of Crimes in Early Modern England change?
Medieval crimes were still considered crimes in the early modern era
Important social and religious changes led to the creation of some ‘new’ crimes
77
What Activities Were Considered Crimes in Early Modern England?
-Vagabondage
-Smuglling
-Witchcraft
78
Why was Vagracancy a crime?
-Vagabonds often wandered in search of work
-This made them strangers to the community
-Many relied on begging and charity to survive
-The settled population hated, feared and resented them
79
How many vagabonds were there roughly around in the tudor era?
30,000
80
why there were more vagabonds in the early modern era?
-Rising food prices especially during bad harvest
-Increasing population
-Falling wages
-No system to help the needy
81
During the reign of Elizabeth I what did society veiw vaganbonds into what categorys?
-‘Deserving’:
-Elderly
-Disabled
-‘Undeserving’:
-Able-bodied
-Fit for work
82
When did vaganbonds dramticallly increase?
15th - 16th century
83
When did smuggling dramtically increase?
16th and 17th centuries
84
Why did smuggling increase in 16th-17 century?
1.English explorers started to discover more of the New World
2. returned to England with luxury goods
3.make their own money from these goods
4. sold them without paying import taxes
85
What were examples of luxury goods did they sold during the crime of smuggling during the early modern era?
-Tea
-Tobacco
-Herbs
-Alchohol
86
What kind of crime did societ veiw smuggling as?
A social crime
87
Why did people veiw smuggling as a social crime?
Many did not view it as threatening or serious
They were happy to buy cheaper goods from smugglers
88
During the medieval era c1000-c1500 what did they veiw witchcraft?
A minor crime
Tried in church courts
89
During the early modern era what did they veiw witchcraft?
A very serious crime
Tried in secular courts
90
What were the religous reason why witchcraft accusations increase?
-late 1500s, the influence of Puritanism was growing
-Preachers taught that the Devil was tempting good Christians away from God
-PEOPLE very fearful of witches’ ‘harmful magic’
91
What were the social reasons why witchcraft accusations increased?
-More and more vagabonds came to towns and cities
- settled population, especially wealthy people, did not trust vagabonds
-Vagabonds were often accused of being witches
92
What were the economic reasons why witchcraft accusations increased?
-faced many economic hardships throughout this period
- poor harvests and the death of livestock
(Witches were often scapegoated for these events)
93
Why did Crimes Against the Person Increase in Early Modern England?
-Urbanisation
-Urban areas became a lot more busy
-Criminals had greater anonymity
94
Why did Crimes Against Property Increase in Early Modern England?
-Increased unemployment and poverty led to an increase
-People started to commit 'survival' crimes
95
Why did Crimes Against Authority Increase in Early Modern England?
Religious and political changes led to an increase in crimes against authority
96
What religious changes led to an increase in crimes against authority?
Heresy established
97
Heresy in the early modern era.
-Increased after the English Reformation
-wrong religious beliefs at the wrong time
-Important clergymen played a role in charging and judging cases
98
What political changes led to an increase in crimes against authority?
Treason
99
Treason in the early modern era?
-Increased due to there being more disputes about who should rule
Involved not accepting the monarch’s authority (political or religious)
-The Gunpowder Plot of 1605 is an example of treason
100
What year did heresy became a crime?
1382
101
When did Henry vIII establish the church of england?
-1534
102
When was the withcraft act established?
1542 (making witchcraft illegal)
103
When was the act of uniformity?
1559
(making Protestantism the official religon)
104
What 2 factors changed in the early modern law enforcement?
Policing
Trials
105
What medieval policing system continued in the early modern era?
-H & C
-Coroners
-Parish Constables
106
What were the features and responsibilities of early modern parish constables?
-UNPAID
-Voluteered
-No uniform
-No weapons
107
How did Urbanisation Changed Law Enforcement?
As towns grew, crime increased.
Ordinary people got more power to deal with crime:
-They could get arrest warrants from Justices of the Peace.
-They got rewards (sometimes a year’s income) for catching criminals.
1.Wealthy families hired armed guards to protect their homes
2.Some victims used thief takers
108
What were the responsibilites of JP's during the early modern era?
1.met four times a year at quarter sessions to judge serious crimes
2.had the power to give the death sentence.
3.judged manor court cases for minor crimes (like drunkenness or selling bad bread).
4.helped by constables in enforcing the law.
109
How did royal judges work during the early modern era?
-Royal judges continued to visit each county twice a year to judge the most serious crimes.
These visits were called the county assizes.
110
What was the The Habeas Corpus Act, 1679?
law that said a person could not be kept in prison without a trial.
-gov. had to bring them to court and explain why they were arrested.
protected people from being locked up unfairly.
-Habeas corpus is still in effect today
111
When was the Habeas Corpus Act established?
1679
112
Who could the church try in the early modern era?
-Clergy
-moral crimes
113
How did the way the benefit of the clergy change during the early modern era?
By the early modern era, more people could read
This meant more people could recite the ‘neck verse’
Edward VI changed the law on this
People could no longer claim benefit of clergy for serious crimes, like murder
114
Where were town watchmen used?
Larger towns.
115
What were the features and responsibilities of early modern town watchmen?
-Overseen by town constable
-Patrolled 10pm-dawn
-unpaid
-rang a bell
116
Who appointed the town constables?
-Town authorities appointed town constables
117
What were the features and responsibilities of early modern town constables?
-over the town watchmen
-Handed serious criminals to court
-collected money from the community for cleaning and road maintenance
118
When was sanctuary abolished?
1623-James I
119
What were coroporal method still used in the early modern era?
-Maiming for repeated offenders of petty theft
-Flogging for public disorder
-Stocks, branding and whipping for vagabondage
120
What crimes in the early modern era could capital punishment be awarded?
-Arson
-Murder
-Poaching
-Smuggling
-Treason
-Witchcraft
121
What crime was burning at the stake only used for?
Heresy
122
What were other punishment beside coroporal & capital punishment used in the early modern era?
-Fines
-Carting
-Stocks or pillory
-Ducking stools
-Prisons
123
What were houses of corrections?
Houses of correction were places where beggars, vagabonds, and petty criminals were sent.
They were forced to do hard work to punish them and teach discipline.
124
What is the bloody code?
The Bloody Code was a set of laws that made over 200 crimes punishable by death.
+small crimes like stealing a loaf of bread or damaging trees could get you hanged.
125
What were examples of small crimes that the bloody code could get you killed?
small crimes like stealing a loaf of bread or damaging trees could get you hanged.
126
In the bloody code how many capital offences were there in 1688?
50
127
In the bloody code how many capital offences were there in 1765?
160
128
In the bloody code how many capital offences were there in 1815?
225
129
Why was the bloody code established?
a time when people saw rising crime as a big problem
In reality, crime rates were actually falling around this time
130
What were the 4 factors of reasons for the introduction of the ‘Bloody Code’?
1. Fear
2. Urbanisation
3. Traditional views
4. Landowners views
131
Why was FEAR a reason for the introduction of the bloody code?
1. Crimes were publicised through pamphlets and public executions
2. speeches made by those sentenced to death were often published
so this heightened the public’s fears (gave impression that crime was rapidly increasing)
132
Why was URBANISATION a reason for the introduction of the bloody code?
-Growth of towns meant that everyone didnt know everyone
+
Mediaval method like H & C were becoming less effective
+
Busy streets=hardly seen
133
Why was TRADITIONAL VIEWS a reason for the introuction of the bloody code?
Maintained medieval view that harsh punishments could only deter people from crime
134
Why were LANDOWNERS VIEWS a reason for the introduction of the bloody code?
-government was run by rich landowners
-saw the poor and homeless as a threat to their health, safety, and property
-Thus why blood code came lil bro
135
What is a change in punishment that was being used during the early modern era?
Transportation to america
136
Whoes reign were when transportation were being used?
James I
137
How did the transportation to america punishment looked during the early modern england?
1. sent on ships to the new colonies of North America
2. did manual work by helping to build settlements
3. Sentences were either seven or 14 years
4. many could not afford to return to England
138
How long was the sentence to the trip to america last for?
either seven or 14 years
139
How many people were transported to america for punishment during the early modern era?
50,000 and 80,000 people
including Men and woman and children
140
What were the aims for different aims of punishment for trip to america?
-Detterence (put off the harsh conditions of the ship)
-Retribution
-Protections people saw it as removing very dangerous people
-Rehabilitaion (criminals to start a new life and reform)
141
When was the vagabonds and beggars act?
1494 (outlined punishment for vagabonds)
142
When was the vagrancy act established?
1547
143
When and who led the Gunpowder plot?
Robert Catesby
1605
144
What was the overall plot for the gunpowder plot?
To blow up the Houses of Parliament
145
What were the 2 main aims for the gunpowder plot?
-kill the king and other leading Protestants
-replace the king with a Catholic monarch with James’s daughter, Elizabeth, queen
146
What was the storyline for the gunpowder plot?
20th May 1604 - Robert Gatesby met with Guy Fawkes in a pub to discuss the plot
March 1605 - Plotters rent a cellar beneath and a room next to the houses of parilement. GUY FAWKES HID 36 BARRELS OF GUN POWDER IN THE CELLAR
26th October 1605 - Lord Monteagle recieves letter not to attend the state oppening of the parliment on Nov 15th
1st Nov 1605 - Lord Monteagle show letter to robert cecil and James I
4th Nov 1605 - Robert Cecil Orders a search of the houses of the parliament
5th Nov 1605 - The gunpowder is discovered. Guy Fawkes is arrested and taken to Tower of London
147
What was Guy Fawkes punishment?
-Tortures until signed a confession and sharing the name of the plotters
-Tried January 1606 then between 30-31st bro got HDQ
148
Why was the Punishment for Treason so Harsh in Early Modern England?
Deterrence
Retribution
149
Where were the most accusation for the witchcraft were happening?
Sudbury East Anglia
150
Matthew Hopkins – Witch Hunter
-A Justice of the Peace hired Matthew Hopkins to find witches in East Anglia.
-He worked with his assistant, John Stearne.
-Towns paid him to remove witches, and he earned money for each case.
-About 300 people were investigated because of him.
151
How Hopkins Found ‘Witches’
Confessions: He used torture, like no food or sleep, to force people to confess.
Witnesses: Children and others sometimes accused people, and other ‘witches’ confirmed it.
Familiars: Animals like mice, cats, or flies were seen as witches’ helpers.
Physical signs: Scars or spots were called Devil’s marks; not bleeding when pricked was seen as a sign.
Swim test: Accused were thrown in water — floating meant they were guilty. Some even drowned.
152
Punishment for Witchcraft
early modern era, witchcraft was a capital offence
Hanging
153
Why was political reason of civil war a reason for the 1645-47 witch hunts?
War weakened local control — judges couldn’t travel and law collapsed in some areas.
People started handling justice themselves.
Witchcraft trials helped authorities regain control provided someone to blame.
154
Why was social reason of civil war a reason for the 1645-47 witch hunts?
Men went off to fight, leaving women alone or widowed, making them easy targets.
155
Why was religous reason of civil war a reason for the 1645-47 witch hunts?
The war deepened the divide between Protestants and Catholics.
Puritans (supporting Parliament) accused Catholic Royalists of witchcraft.
156
Why was James I a reason for the 1645-47 witch hunts?
James I: encourage witch hunts during his reins
-release a book in 1597 called Daemonologie giving reason to believe why witches are real / described the horrors of witchcraft / Encourged reader to put witches to trials
157
Why was government policy increase in crime during Eighteenth- and Nineteenth-Century Britain?
Government policy : "Laissez-faire" government mostly adopted a policy of non-interference
158
Why was Industrialisation increase in crime during Eighteenth- and Nineteenth-Century Britain?
Travel : railway was cheap so criminals could move around more easily and avoid capture
Work : Mechanised production in factories left many jobless so Rising unemployment and low wages led to extreme poverty resulting into survival crime
159
Why was Urbanisation an increase in crime during the Eighteenth and Nineteenth Century?
urban areas became overcrowded = no longer tightly knit
160
Why was Witchcraft no Longer Considered a Crime in c1700 - c1900?
Post-Civil War changes
Changes to the legal status of witchcraft
Scientific advancements
161
Why did Crime Increase in Eighteenth- and Nineteenth-Century Britain?
-Government policy = mostly adopted a policy of non-interference in this period
-Industrialisation = TRAVEL - Railway travel is easy and cheap so criminals move more easily around with out being captured
WORK - Mechanised production in factories left many jobless so survival crime
Urbanisation = overcrowded town resulted into avoid being caught
162
Why Witchcraft Prosecutions Declined After the Civil War?
After the Civil War, there was more wealth and political stability.
People were less afraid of the poor (like vagabonds), and the government cared less about heresy.
So, fewer people were accused of witchcraft. (blamed witches for problems like poverty, illness, or disorder.)
163
How did scientific adjustments lower the accusations of witchcraft?
During the Restoration, Charles II set up the Royal Society to promote science and experiments.
This helped explain things like illness and bad weather through natural causes, not witchcraft.
As a result, many educated people stopped believing in magic.
164
When was the witchcraft act?
1735
165
