Crime and punishment

• what factors influenced change?

  - Individuals

  - Science and technology

  - Religion

  - Government

  - Attitudes in society
• what does the phrase: 'changing definitions of crime' refer to?

  The things that are/considered as crimes are changing.

  Something may have been there before but it is now/isn't considered a crime
• What are the purposes of punishment?

  - Retribution

  - Deterrence

  - Reform

  - Removal

  - Compensation
• What were common methods of policing in medieval England?

  - Tithings

  - Hue and cry

  - Sheriffs

  - Parish constables
• MEDIEVAL ENGLAND: what was trial by jury?

  men from the village who knew the accuser and the accused and decided who was telling the truth
• MEDIEVAL ENGLAND: what was the wergild?

  fine (the amount varied)
• MEDIEVAL ENGLAND: what did the laws did Normans change?

  Murdrum fine

  --> a fine which the region paid for killing a

  norman

  Forest laws

  --> made it illegal to hunt and forage in areas
• MEDIEVAL ENGLAND: how did Norman laws reflect on women?

  They were harsher as legally, they were nearly equal in the Saxon times
• MEDIEVAL ENGLAND: did the Normans change the official language of the courts?

  Yes.

  They changed it to Norman- french and and the records were written in Latin

  --> this excluded the Saxons as they couldn't even understand their own legal system
• MEDIEVAL ENGLAND: during the Norman era who were fines paid to?

  they were now paid to the king when before they were paid to the victim
• MEDIEVAL ENGLAND: what did the Normans mostly keep the same?

  - The majority of the laws

  - capital punishment
• MEDIEVAL ENGLAND: did the Forest laws actually make a difference?

  - people continued to hunt in the forests despite it being illegal

  - People thought they were unfair
• MEDIEVAL ENGLAND: what policing methods were there in Norman England?

  - THE PARISH CONSTABLE--> they led the Hue

  and cry

  - THE SHERIFF AND THE POSSE --> they tracked

  down and imprisoned criminals

  - THE CORONER--> they enquired into all

  unnatural deaths
• MEDIEVAL ENGLAND: what trials were there in Norman England?

  - SANCTUARY --> y had 40 days to

  either stand trial or leave the country

  - ROYAL COURTS --> royal judges visited counties

  4 x a year for the most serious crimes (started

  1160's)

  - QUARTER SESSIONS--> JP's held courts 4 x a

  year

  - JUSTICES OF THE PEACE --> The gentry and

  noblemen who acted as judges

  - PRIVATE/MANOR COURTS--> held by

  landowners and dealt with workers not doing

  enough
• MEDIEVAL ENGLAND: how could you avoid the death penalty?

  - Claim BENEFIT OF THE CLERGY

  - Become a KINGS APPROVER

  - Join the ARMY

  - BUY a PARDON from the king

  - Don't get caught

  - Be PREGNANT

  - Claim SANCTUARY
• MEDIEVAL ENGLAND: what was a king's approver?

  Your life would be saved if you accused 10 people of crimes and they were found guilty
• MEDIEVAL ENGLAND: how did the church influence justice?

  - CHURCH COURTS

  - Trial by ORDEAL

  - Put the FEAR OF GOD into people

  - BENEFIT of the CLERGY

  - INFLUENCE on MORALITY

  - SANCTUARY
• MEDIEVAL ENGLAND: what were church courts?

  - Claimed the right to TRY CHURCH MEN

  - no death penalty

  - were more LENIENT
• What crimes were common in the early modern period?

  - VAGABONDAGE (change)

  - WITCH CRAFT (change)

  - HERESY (change)

  - TREASON (change)

  - PETTY THEFT (continuity)
• What methods of policing were common in the early modern period?

  - HUE AND CRY (continuity)

  - SHERIFF (continuity)

  - CONSTABLES (continuity)

  - CORONER (continuity)

  - WATCHMEN (change)

  - REWARDS (change)

  - THIEF TAKERS (change)
• what were common punishments in the early modern?

  - EXECUTION (continuity) --> increased

  - HANGING, DRAWING AND QUARTERING

  (change)

  - FINES (continuity)

  - STOCKS (continuity)

  - DROWNING (change)

  - DUCKING STOOLS (change)

  - HOUSES OF CORRECTION (change)

  - TRANSPORTATION (change ) - to america
• what changes to the law were there in the early modern period?

  - NO EXILE IN SANCTUARY

  --> Henry 6th

  - SERIOUS CRIME = NO BENEFIT OF THE CLERGY

  --> Edward 6th

  - HAEBIUS CORPUS

  --> everyone arrested had to go to court or be

  released

  - CHURCH COURTS = ONLY MORAL CRIMES

  --> 1576

  - NO SANCTUARY

  --> 1623

  - BLOODY CODE

  --> 1688 - 1825
• EARLY MODERN: how did printing as a social change affect C+P?

  c15th

  - There were more pamphlets which were read aloud and they were often on crime.

  -This made people more aware of crime so increased fear of crime
• EARLY MODERN: how did religion as a social change affect C+P?

  Caused by Henry 8th --> the reformation and the break with Rome

  - accused each other of being the devil which led to increased belief in the supernatural

  - This made people believe in witches
• EARLY MODERN: how did political changes as a social change affect C+P?

  - The ENGLISH CIVIL WAR and the execution of

  Charles 1st

  - led to insecurity and fear
• EARLY MODERN: how did population growth as a social change affect C+P?

  - Towns were getting bigger which made it harder

  to find work which led to increased movement

  - Vagabondage became a crime
• EARLY MODERN: how did landowners attitudes as a social change affect C+P?

  - The rich were threatened by the poor and

  suspicious of them

  - Due to their wealth they had a lot of influence so

  were able to force laws which defended them

  - this led to a recognition of poaching and made it

  a crime
• EARLY MODERN: how did economic changes as a social change affect C+P?

  England was becoming wealthier but the majority stayed poor.

  - If there was bad trade that led to unemployment

  and a rise in food prices which made the poor

  vulnerable

  - This made poaching more common and

  increased theft of food
• what were key dates in the early modern period?

  1476 - the PRINTING PRESS

  
  

  1534 - Henry 8th BREAKS WITH ROME and closes

  monasteries

  
  

  1558 - Elizabeth 1st makes England protestant

  
  

  1605 - GUN POWDER PLOT

  
  

  1649 - Charles 1st beheaded for LOSING THE

  ENGLISH CIVIL WAR
• EARLY MODERN: why did the crime rate probably increase?

  in the 1500's/ early 1600's because the fear of crime increased even though the actual crime rate dropped by the late c17th
• EARLY MODERN: what was the background to the gunpowder plot?

  - There were lots of laws against Catholics

  --> fines for not attending CofE church services

  --> Imprisonment for taking part in catholic

  services

  --> catholic priests trying to convert others were

  found guilty of TREASON
• EARLY MODERN: what was the reformation?

  - reform in religion

  - It started with MARTIN LUTHER who attacked

  the CORRUPTION OF THE POPE and the

  CHURCH which led to PROTESTANTS
• EARLY MODERN: how did the Tudors change religion?

  HENRY 8TH (1509 - 1547)

  - A CATHOLIC --> he broke with Rome so he could

  get a DIVORCE

  - he created the OATH OF SUPREMACY -->

  recognised him as him as HEAD OF THE CHURCH

  
  

  EDWARD 6TH (1547 - 1553)

  - A PROTESTANT

  - he CONTINUED THE SPLIT and created laws

  requiring SPECIFIC WORSHIP

  
  

  MARY 1ST (1553 - 1558)

  - A CATHOLIC

  - Ordered the EXECUTION of 300 PROTESTANTS

  and BURNT all HERETICS

  
  

  ELIZABETH 1ST (1558 - 1603)

  - A PROTESTANT

  - Catholics were FINED --> to FRIGHTEN rather

  than enforce

  - The POPE declared she WASN'T THE RIGHTFUL LEADER and ENCOURAGED UPRISINGS --> so became a POLITICAL THREAT (affected her position)

  1558 --> all CATHOLIC PRIESTS were HANGED, DRAWN AND QUARTERED
• EARLY MODERN: what was vagabondage?

  - a homeless, wandering beggar

  1500's --> INCREASED POPULATION =

  UNEMPLOYMENT = MOVEMENT

  By the end of c16th there was a difference between the DESERVING + UNDESERVING POOR
• EARLY MODERN: What laws were there against vagabondage?


  EARLY C16TH

  1531 - vagabonds were WHIPPED and returned to

  BIRTHPLACE

  
  

  1547 - 1st offence = 2 YEARS SLAVERY , 2nd offence = SLAVE FOR LIFE / DEATH

  
  

  1550 - 1547 act REPEALED for being TOO HARSH

  and the 1531 act REINTRODUCED

  
  

  LATE C16TH

  
  

  1572 - 1st offence = WHIPPING and BURNT ear

  2nd offence = EXECUTION

  
  

  1576 - HOUSES OF CORRECTION introduced in

  every county

  
  

  1593 - The 1572 act was REPEALED an the 1531 act

  REINTRODUCED

  
  

  1598 - WHIPPED and sent HOME or HOUSE OF CORRECTION, EXILE or EXECUTION

  
  

  MAIN THING TO REMEMBER IS THAT IT IS BASICALLY ALWAYS THE 1531 ACT
• EARLY MODERN: what are houses of correction?

  prison where vagabonds were sent and whipped and made to work then sent home --> designed to give people a work ethic
• EARLY MODERN: what were reasons for punishment?

  - INCREASED MOVEMENT --> went to find work,

  made COMMUNITY

  POLICING

  INEFFECTIVE

  - PAMPHLETS --> showed DANGERS OF

  VAGRANTS which fuelled fears

  - RELIGION --> 'devil makes work for idle hands'

  - POVERTY --> people didn't want to help those

  not genuinely poor and didn't want

  to pay more poor rates

  - FEAR OF CRIME --> people didn't know each

  other which made policing

  difficult

  - BAD HARVEST IN 1590'S --> led to POVERTY and

  UNEMPLOYMENT
• EARLY MODERN: what were key point in time regarding witches?

  1542 - WITCHCRAFT ACT = DEATH penalty

  
  

  1563 - ACT against CONJURATIONS: witchcraft is

  tried in COMMON COURTS and DEATH

  penalty issued if HARM AGAINST A

  PERSON was proved. STOCKS for CHARMS

  and MAGIC

  
  

  1604 - WITCHCRAFT AND CONJURATIONS act:

  DEATH for anyone summoning evil spirits

  
  

  1642 - start of the ENGLISH CIVIL WAR. PURITANS

  won --> they were interested in MORAL

  behaviour and preventing SIN

  
  

  1660 - THE RESTORATION: Charles 2nd INVITED

  TO BE KING. He set up the ROYAL SOCIETY

  FOR SCIENTIFIC RESEARCH. The

  ENLIGHTENMENT became popular which

  focused on REASON AND LOGIC

  
  

  1717 - LAST TRIAL for witchcraft in Britain

  
  

  1736 - Law stating witchcraft AS A CRIME IS

  REPEALED
• EARLY MODERN: what is an explanation for the attitudes towards witches?

  - JAMES 1ST was an enthusiastic WITCH HUNTER

  and wrote a books on his ideas called

  DEMONOLOGIE

  - The ROLES OF WOMEN were restricted and

  those that DIDN'T MEET EXPECTATIONS were

  viewed with suspicion

  - The RELIGIOUS CHANGES that took place with

  the Tudors meant that beliefs were being

  TRANSFORMED and heightened talk of the

  DEVIL scared people

  - The ENGLISH CIVIL WARS led to DISRUPTION

  AND UNCERTAINTY

  - Women were seen as SUSCEPTIBLE TO

  TEMPTATIONS OF THE DEVIL
• EARLY MODERN: who was Matthew Hopkins?

  - a failed lawyer

  - then became a WITCH HUNTER

  - He began looking for them in EAST ANGLIA

  - He TORTURED his suspects (illegal) --> he kept

  them standing and forced them to walk until their

  feet blistered

  - The HUMILIATION caused FALSE CONFESSIONS

  - This led to towns SUMMONING HOPKINS --> the

  accused were usually already UNPOPULAR

  - He earned MORE IN A YEAR than people did in a

  lifetime