History

• Change in historical context could be illustrated by a law passed in 1977 making liking pink legal, a turning point in this example
• Continuity is when something stays the same or similar over time, like the illegality of liking the color pink from the 11th to the 19th century
• A turning point can be specific to one aspect, like the legality of colors, making 1977 a turning point for pink but not for orange
• Types of crimes:

  • Crimes against authority threaten the social structure, like a peasant starting a fire on his Lord's land
  • Treason is betraying the king, with high treason being specifically against the king himself
  • Crimes against property involve taking or damaging someone else's belongings
  • Moral crimes are actions seen as indecent by society, like having sex outside marriage
  • Social crimes are technically illegal but not disapproved of by society, like poaching when hunting was legal
• Punishments:

  • Retribution seeks revenge, like being punished for punching someone by getting punched back
  • Deterrent aims to prevent future crimes by showing the consequences, like permanent scars from a punishment
  • Rehabilitation aims to make the offender a better person, like community service for a violent act
• Capital punishment is death as a punishment, while corporal punishment causes physical harm or pain

  • Trial by ordeal is a test where the outcome determines guilt or innocence, believed to be a way of God casting judgment
  • Heresy is going against the church, while secular means independent of religion
  • Decriminalization removes something as a criminal offense, while a pardon allows someone to escape punishment
• A hate crime is motivated by prejudice against a victim's race, gender, sexual orientation, or disability

  • Collective responsibility holds a group accountable for one member's actions, leading to group punishment
• In the year 1000, England's population is estimated to be between 1.7 and 2 million, with about 90% living in the countryside in small scattered Hamlets on farmsteads, making them vulnerable to warfare, bad weather, poor harvests, and diseases
• During the Anglo-Saxon period, the King of England is responsible for making the law with the help of his nobility, while the church also has a strong influence on ideas about crime and punishment
• Saxon Kings formally issue codes of law, with each new code allowing for the introduction of new laws, changes to existing laws, and the strengthening of laws that are being ignored
• Law enforcement in Anglo-Saxon England is largely carried out through strong village communities and family ties
• Important trends in crime and punishment during the Anglo-Saxon period include:

  • Increasing power and influence of the king over crime and punishment
  • Growing role of the church in providing the opportunity for those who committed crimes to save their soul
  • Increased use of punishments, including capital punishment
• Between 978 and 1016, the King of England faces ongoing conflicts on the border with Scotland and Viking settlements in some regions of the country
• In circa 1000, the King of England tries to stop Viking attacks by making alliances with Normandy, gaining more control over his kingdom as the authority of English kings and the territory of England grows
• In circa 1000, England has a roughly three-tiered social structure of nobles, freemen, and serfs, all subject to the King's authority
• In towns like Southampton, York, and London, which are growing in importance, trade connections with Europe and the use of coined money make trade easier, but also increase opportunities for crimes against people and property
• Local communities in Anglo-Saxon England are expected to take collective responsibility for upholding the law, with each area having a reeve, essentially a sheriff, who carries out decisions made by local courts
• Church communities in circa 1000 play a significant role in Anglo-Saxon England, with several great abbeys and smaller monasteries being founded, and the church having a particular responsibility for moral crimes and crimes against the church
• Key beliefs in circa 1000 about crimes and justice in Anglo-Saxon society:

  • Community's role in policing behavior is crucial
  • God is the final judge of guilt or innocence
  • Status and position of different groups should be clear in the law
• In Anglo-Saxon law enforcement from circa 1000 to 1066, the Saxons believed it was the victim's responsibility to seek justice, with the community also playing a part in delivering justice
• By the 10th century, English shires were divided into smaller administrative areas called hundreds, each hundred being divided into ten tithings, with one tithing being a group of 10 households
• In Anglo-Saxon law enforcement, men in tithings are responsible for the behavior of all other men in their tithing, and they meet regularly with the king's shire wreath sheriff to prevent crime, especially cattle theft
• The community as a whole is responsible for tracking down those suspected of crimes, with anyone who witnesses a crime expected to raise a hue and cry for help
• In Anglo-Saxon justice, oaths are crucial for proving innocence, with hearings taking place in public and the accused being able to swear their innocence under oath or call upon other community members as oath helpers
• If there isn't enough evidence to prove guilt, the church can intervene, subjecting the accused to a trial by ordeal, such as trial by hot water, cold water, or hot iron, where the judgment is based on divine intervention
• The church's influence on Anglo-Saxon punishments is seen in cases like petty theft, where maiming is advised as a way for the criminal to seek forgiveness from God