5.Attitudes To Punishment Flashcards
Whats retribution ?
To receive punishment for a crime committed
What are the four reasons society punishes criminals ?
-to DETER- the belief that punishment should be unpleasant enough to stop others committing crime
-to PROTECT- belief society will be protected if criminals are locked away
-to DISCIPLINE- punish individual for committing a wrongful act
-to REFORM- to change the character of criminal through education and training to prevent reoffending
What are 7 factors that influenced attitudes to punishments ?
-ATTITUDES OF GOVERNMENT- all changes from punishment in recent society has stemmed from government decisions
-SOCIAL CHANGE- urbanisation caused higher crime rates
-IDEAS AND ATTITUDES TO PUNISHMENT- religious views have influenced punishment. As have the enlightenment which favoured prison over death
-WEALTH AND POVERTY- desire to protect property lead to the bloody code
-ACTIVITIES OF INDIVIDUALS- like Elizabeth fry and john Haward
-FEAR OF CRIME- government making punishments more severe
-ROLE OF THE MEDIA- newspapers and other media have a strong influence on society
Whats the enlightenment ?
Intellectual movement which pushed forward the world of ideas in Europe during the 18th century
What was punishment like before an organised police force ?
-Society attempted to maintain law and order by issuing harsh punishments
-most were delivered in public to deter others from committing such crimes
What’s corporal punishment ?
-whipping/ flogging
-on market day or in town square in public
-used to punish minor offences like drunkenness, petty theft and vagrancy
Whats public humiliation ?
-common in 16th and 17th century
-principal aim was to humiliate offenders for committing minor crimes so others wouldnt do it
-the pillory was used until its abolishment 1837 and stocks until 1872
What was capital punishment and the bloody code ?
-death by execution
-1688- 1815 number of crimes resulting in death penalty rose from 50 to 225
-long list of crimes formed the criminal code which was nick named the bloody code
-examples included stealing horses and pickpocketing goods above 1 shilling
What was the bloody code ?
-harsh laws gradually introduced during 16th and 18th century that made even minor crimes punishable by death
What’s banishment ?
To send somebody away from the country and not allow them to return
What was banishment like in the 18th and 19th century ?
-attitudes moved away from capital punishment to banishment
-transportation was seen as ‘middle punishment’ between the extremes of capital punishment
-1717 transportation act allowed banishment of criminals to North America
-1787 Australia become new destination
What was the abolition of the bloody code ?
-sir Samuel romillly wrote a book in 1810 called observations on the criminal law in England and campaigned in parliament to abolish death penalty for some crimes
-sir Robert peel used his position as Home Secretary in 1820s to abolish death penalty for more than 100 crimes
-by 1861 the number of capital crimes had reduced to just 5=
Murder
Treason
Espionage
Arson in royal dockyards
Piracy with violence
Whats espionage ?
Spying or using spies
Whats piracy ?
Attacking/ robbing ships at sea
What 4 factors contributed to the end of the bloody code ?
-public executions to working and attracted large unruly crowds
-alternative punishments like transportation introduced
-changing attitudes- capital punishment being seen as excessive
-juries not willing to convict the accused to death for minor crimes
Why did the use of prisons change throughout the 19th century?
-1750 prisons minor part in system of punishment but by 1860s over 90% of serious offender sent to prison this change was due to=
-ENDING OF TRANSPORTATION- 1840s growing criticism, finally abolished 1868
-INFLUENCE OF PRISON REFORMERS- humanitarians like Elizabeth fry and john Howard
-DEBATES ON HOW TO TREAT PRISONERS- change in attitude from deterrent to reform
-CHANGE IN PUBLIC ATTITUDES- ending of bloody code and use of prison as alternative to capital punishment
-CHANGE IN GOVERNMENT ATTITUDES- Victorian governments began to adapt a more humanitarian approach and passed a number of prison acts
-THE GLADSTONE COMMITTEE- 1895, this report resulted in passing of prison act 1898 which reduced time prisoners were kept isolated, abolished hard labour and set up prisons for young offenders
How did the use of public punishment change up until the 19th century ?
-public executions in the 16th and 17th century was a continuation of that in medieval period
-crimes punishable by execution included= murder, treason, arson, theft of goods valued over a shilling (5p)
-during Tudor period execution was a punishment for political/ religious crimes
-heretics burned at the stake
-treason punishable by death- being hung drawn and quartered usually
-rowland lee had over 5000 people publicly hanged in an effort to impose law and order
-by 1815 there were 225 capital crimes punishable by death
What were the changing attitudes to punishment in the 20th century ?
-there were debates on contrasting views
-RETRIBUTION- prisoners should undertake hard labour, locked up in solitary cells, no visitors
-REHABILITATION- helped to change their attitudes and behaviour through counselling, education and training
How are young offenders dealt with in the 20th century ?
-previously they would have been treated in the same way as adults
-in 1902 there was an experimental school set up as a borstal in Kent to try and help reform repeating young offenders aged 15-2. The focus was on routine, discipline and respecting authority. Borstals spread across the uk but abolished in 1982
-borstals were replaced by the system of youth custody which was served in detention centres. Depending on the seriousness of their crime and their age they could also be given as a custodial sentence in juvenile prisons
-21st century new types of youth punishments emerged including ASBOs (antisocial behaviour orders) were introduced in 1999
-the system of young offenders is still meant to punish by removing liberty, encourages self respect and discipline, helps the, develop more skills to prepare for employment upon release
What are the arguments in favour of abolition of death sentence?
-innocent person could be hanged
-not a deterrent as most murders happen impulsively
-even worst person may be reformed
-crime rate did not increase in countries which abolished death penalty
-it can make martyrs of criminals and terrorists
What are the arguments against the abolition of the death penalty ?
