Crime and Punishment
50 flashcards · History · by Marli Williams
Anglo Saxon Crimes
Murder Theft Crimes against Authority - Treason
Anglo Saxon Law Enforcement
Tithings Hue and Cry Trial by ordeal
Tithings
A group of ten men who each had legal responsibility for each other - any boy over 12 had to be in a tithing
Hue and Cry
If a crime was spotted, a person would cry for a help and everyone nearby had to try and capture the criminal.
Trial by ordeal
Someone accused of a crime is physically hurt - depending how they heal it shows if they are guilty or not (based in religious belief)
Anglo Saxon Punishment
Wergild Corporal / Capital Punishment Stocks and pillory
Wergild
Fine paid from the criminal to the victim or victim's family based on the severity of the crime
What caused the development of Crime & Punishment in 1066?
Norman King William took power over England William the Conqueror
What changes did William make in England
He centralized Law enforcement Removed Wergild Murdrum Fine Forest laws - Poaching + Trespassing became illegal Trial by Combat Heresy Courts + church courts
Trial by Combat
Two people would settle their disputes with a fight to the death.
Forest Laws
William claimed some common land as 'royal forests', he then created 'forests laws' to prevent them being hunted on. Poaching and Trespassing became new social crimes.
Murdrum Fine
If a Anglo Saxon killed a Norman the entire village where the Anglo Saxon was from would have to pay a huge sum (fine).
How did William centralized law enforcement?
He introduced Murdrum Fine All fines were paid to the king, NOT the victim (no wergild)
Norman Crimes
Poaching Trespassing Murder Theft Crimes against Authority - Treason
Norman Law Enforcement
Trial by combat Courts and Church Courts Trial by ordeal Hue and Cry Tithings
Norman Punishments
Corporal / Capital punishment Murdrum Fine
Assize of Clarendon
Organisation of courts Created prisons for those awaiting trial Justices in Eyre (royal judges) that visit each county twice a year
Constables
Local officials created to help manage increase in crime due to large population increase.
Coroners
People who investigated sus deaths
Statue of Labourers
Created a max wage for workers Workers can not ask for more pay Workers can not move for better pay
Law enforcement After Normans (1200 - 1500)
Assize of Clarendon - More centralised government New roles: Constables, Coroners, Justices of the Peace Statue of Labourers Heresy Laws Trial by Jury
Heresy Laws
Illegal to speak out against the church / disagree with the church.
Justices of the peace
A more central authority which met four times a year to enforce law.
The church's influence in medieval period
One fifth of England's wealth Lots of power Ran Trial by ordeal till 1215 to trial by jury due to church courts Gave Sanctuary - immunity from the law for 40 days
Church Courts
More soft than normal court - worse punishment was removal from clergy 'Benefit of the clergy' - people would pretend to be clergy to be tried in a church court, all they had to do was memorise psalm 51
Henry II (1154) tried to limit the power of the church as he believed that the church courts challenged his authority as King. He met with Bishops at the Council of Clarendon to discuss this problem and have a clear statement of relationship between Church laws and the king's laws. These were called the Constitutions of Clarendon.
a fight a group of posh people rules
Early Modern Period Crimes
Vagrancy Witchcraft Smuggling Poaching Drinking alcohol, playing sport on Sunday, celebrating Christmas w/ feasts and games (during period of the Protectorate after the English civil war)
Vagrancy
Crime of being homeless - rose due to a growing population, falling wages and increase in food prices.
Smuggling
Import duties when up so many people smuggled to sell for cheaper prices and avoid paying import duties.
Early Modern Period Law Enforcement
Town Constables - they became more popular due to increasing crime rates Night Watchmen Thief-takers Prisons - To hold people for trial
Night Watchmen
Unpaid volunteers who patrolled at night and questioned subspinous persons - they had no real authority
Thief-takers
They were bounty hunters - it was more effective than Night watchmen / town constables but was more open to corruption as thief-takers were criminals themselves.
Early Modern Period Punishment
Bloody Code (Capital Punishment) Transportation Prisons (not many) Hanging, Burning at the Stake (Witchcraft) Hang, Drawn and quartered (High treason)
What was the Bloody Code and why was it made?
Bloody Code: When around 200 crimes were punishable by death It happened due to the Waltham Black Gang spreading fear based on gang violence (spread fast due to printing press) The Act was called the Waltham Black Act.
Transportation
Criminals were taken to British colonies (North America, then Australia and other colonies) and work hard labour (be slaves)
Prisons
Mostly used to hold people before trial Some would have inmates do hard labour
Case Study: Witchcraft Became a crime during the early modern period (1500 - 1700) Everyone believed in witches They were used as scapegoats for economic problems, poor harvests and diseases
something against the law what the case study is about an illness
List reasons how and why these reasons caused belief in witchcraft spread?
Invention of Printing press King James Demonologie book - which encouraged the hunt of witches Attitudes towards women Matthew Hopkins - self appointed witch finder general Civil war - resentment in small communities
List reasons how and why these reasons caused belief in witchcraft decrease?
Enlightenment - Pursuit of science Royal Society - Royal endorsement of belief in science Matthew Hopkins death Seen as 'confidence tricksters'
The Gunpowder Plot King James rule was very harsh on Catholics A group of Catholics led by Robert Catesby wanted an end to this by plotting to blow up parliament Gunpowder Plotters: Guy Fawkes, Thomas Winton, Thomas Percy They rented a cellar beneath parliament with a ton of gunpowder shared between 36 barrels. Lord Monteagle got a letter saying don't go to the opening of parliament Guy Fawkes was caught and tortured to reveal the plot - him and the plotters committed high treason meaning they…
Mary's Son Dude Keller Envelope crime against the state
1700 - 1800 Crimes
Smuggling (import duties went up) Highway Robbery (Better roads and no banking system) Poaching (mass poaching raids from gangs) - Harsher punishments
1800 - 1900 Crimes
Highway Robbery DECREASED a lot (Death penalty + growing banking system + patrolled major roads = less crime) Poaching
Changes in Crime from 1700 - 1800 to 1800 - 1900
Highway Robbery DECREASED a lot (Death penalty + growing banking system + patrolled major roads = less crime) Poaching was no longer punished by death
1700 - 1900 Law Enforcement
Development of Police: Bow Street Runners Met police
Bow Street Runners
Fielding Brothers set up Bow Street Runners They were paid by victims of a crime if they got a successful conviction By 1785 they were paid by the government Well organised detective force which did regular patrols and shared info
Met Police
Established in 1829: Employed by the government and were developed from the bow street runners.
1700 - 1900 Punishments
Transportation (Seen as more humane) Prison (for reform)
Changes in Punishments from 1700 - 1800 to 1800 - 1900
Transportation to Australia stopped in 1868 (Due to changing attitudes: people wanted to live in Australia - without convicts) Public Executions stopped in 1868 (Due to changing attitudes: public execution led to overcrowding encouraging crime and mocked law enforcement - it was also not a good deterrent as the crowd was drunk and disorderly seeing the execution as a spectacle) Prisons were widely used as punishment to REFORM starting in 1842 with Pentonville Prison
Changing Attitudes between 1800 - 1900 which led to development of Crime and Punishment
Humanitarianism - people started to see the value of people's lives
What led to Prison becoming widely used to reform?
Humanitarianism Campaigners: John Howard and Elizabeth Fry campaigned for better conditions in Prisons to help with reform Robert Peel ( the government )