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 types of crime in medieval England?

  - Petty theft

  - Violence

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

  - Tithings

  - Hue and cry

  - Sheriffs

  - Parish constables
• What were common methods of punishment in medieval England?

  - Fines / Murdrum fine

  - Execution

  - Stocks and pillories

  - Mutilation

  - Wergild

  - Flogging
• what was the aim of punishment in medieval England?

  Retribution and deterrence
• MEDIEVAL ENGLAND: what were tithings?

  10 men over 12

  - They were responsible for each other and their

  behaviour
• MEDIEVAL ENGLAND: what was the Hue and cry?


  calling for help in catching a criminal

  - All villagers had to join the chase
• 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: what trial did the Normans introduce?

  Trial by combat --> the winner was innocent

  Church courts --> for church men and were often

  lenient
• 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
• MEDIEVAL ENGLAND: what was Benefit of the clergy?

  - CLAIMING the RIGHT to be tried in a CHURCH COURT

  - ONLY for PRIESTS but EVERYONE USED it

  - People had to read a BIBLE VERSE (the NECK VERSE) to prove they were church men but everyone just memorised it
• 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: when was the gun powder plot?

  5th November 1605
• EARLY MODERN: what were the key stages of the gun powder plot?

  1. Robert CATESBY decided to BLOW UP

  PARLIAMENT to kill the king (protestant James

  1st)

  
  

  2. Guy FAWKES filled a CELLAR with GUNPOWDER

  
  

  3. An ANONYMOUS letter was sent to LORD

  MONTEAGLE telling him not to go to parliament

  
  

  4. Monteagle took the letter to Robert CECIL who

  was the KING'S MINISTER

  
  

  5. The VAULTS were SEARCHED and FAWKES was

  ARRESTED and tortured until he SIGNED A

  CONFESSION

  
  

  6. The rest of the plotters were found and

  HANGED, DRAWN AND QUARTERED
• 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