C&P from book Flashcards

1
Q

What were the four main types of crime in the Anglo Saxon times?

A

Crime against the person, property, authority and church (moral crimes)

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2
Q

what were the 5 main methods of law enforcement in the Anglo-Saxon times?

A
  1. Trial by Ordeal and Jury
  2. Religious beliefs
  3. the Hue and Cry
  4. Tithings
  5. Collective responsibility
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3
Q

what were the main punishments in Anglo-Saxon times?

A
  1. Fines called ‘Wergild’
  2. corporal punishment
  3. deterrents
  4. retribution
  5. prison before trial
  6. hanging
  7. burning
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4
Q

what were the three main changes to the nature and type of crime after the 1066 Norman Conquest?

A
  1. Crimes against the King not the individual
  2. Poaching and outlaws - becomes illegal to hunt in newly defined forest areas - King wants exclusive hunting rights
  3. it became illegal for a serf to leave his lord’s village - because of a change in society - introduction of the Norman feudal system
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5
Q

what were the main methods of law enforcement after the 1066 Norman Conquest?

A
  1. Castles
  2. Feudal system
  3. murdrum fine
  4. tithings
  5. hue and cry
  6. forest laws
  7. trial by combat
  8. Church courts
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6
Q

what changed for women after the 1066 Norman Conquest?

A

they had fewer equal rights

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7
Q

what changed for punishments after the 1066 Norman Conquest?

A
  1. increased capital punishment for serious crimes and poaching - death penalty introduced for poaching
  2. Ended ‘Wirgild’ - fines paid to King and not to victims of crime
  3. power of the King grew in crime and punishment
  4. Branding
  5. murdrum fine - fines for murdering a Norman are paid by community where body is found - because King wants to protect Normans against Saxon population
  6. increase in number of crimes punishable by death or mutilation
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8
Q

what changed in the nature and main types of crime under the later medieval kings?

A
  1. Bigger towns meant more crime
  2. Statute of labourers and heresy laws
  3. High treason
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9
Q

what changed for law enforcement under the later medieval kings?

A
  1. justices of the peace appointed by the king
  2. king more in control
  3. more centralised
  4. wards
  5. parish constables
  6. sheriffs
  7. church and royal courts
  8. coroners
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10
Q

what were the main punishments under the later medieval Kings?

A
  1. Fines
  2. Stocks
  3. Pillory
  4. Corporal punishments and execution
  5. high treason = hung, drawn and quartered
  6. deterrents
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11
Q

what changed in the nature and main types of crime in Early Modern England?

A
  1. there was development in Heresy and treason due to the reformation
  2. Vagabondage and witchcraft
  3. the rise of smuggling
  4. Influence of puritan Oliver Cromwell
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12
Q

what methods of law enforcement continued to be used in Early Modern England?

A
  1. hue and cry
  2. local responsibility with local courts
  3. parish constables
  4. Justices of the peace
  5. rewards
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13
Q

what methods of law enforcement were introduced in Early Modern England?

A
  1. royal judges visiting local areas for serious crimes
  2. arrests warrants for citizens
  3. use of the Tower of London for heretics
  4. Town watchmen or constables
  5. Night watchmen
  6. Thief takers
  7. laws for vagabonds and witchcraft
  8. Habeas Corpus (1679)
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14
Q

which punishments/types of punishments continued to be used in Early Modern England?

A

retribution and deterrence, corporal/capital punishment, hanging, fines, burning at the stake for heresy. Recantation. Excommunication. The pillory. Whipping. Prisons before trial.

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15
Q

which punishments were introduced in Early Modern England?

A

Transportation. Early prisons. The ‘Bloody Code’. Start of a theory of rehabilitation. Houses of Correction. Carting. Women labelled as ‘scolds’ ducked in a river

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16
Q

what were some main types of crime from c.1700 to c.1900?

A

poaching, smuggling, highway robbery

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17
Q

did witchcraft continue during the period c.1700 to c. 1900?

A

no, it ended

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18
Q

what were the changes in law enforcement in the period c.1700 to c.1900?

A
  1. The Fielding Brothers and The Bow Street Runners 1748
  2. development of the police force in 1829 and CID 1842
  3. belief in humanitarianism
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19
Q

which punishments ended or declined during the period c.1700 to c.1900?

A

transportation, public execution and the Bloody Code. Fewer people were hanged

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20
Q

which punishments were introduced during the period c.1700 to c.1900?

A

prison ships, increased use of a prison for punishment, solitary confinement, prison reform - John Howard and Elizabeth Fry, The ‘Black Act’. Death Act. Holloway Prison for women

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21
Q

name 14 crimes that changed or developed between c.1900 and the present day

A
  1. theft and smuggling developed
  2. driving offences
  3. race and hate crimes
  4. homophobic crime
  5. drugs crime
  6. domestic violence
  7. abortion law changes
  8. terrorism
  9. people trafficking
  10. cybercrime
  11. Fraud
  12. copyright
  13. extortion
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22
Q

what has changed in law enforcement since c.1900?

A

a move towards crime prevention, neighbourhood watch, specialisation in the police force, impact of science and technology

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23
Q

what are 4 examples of specialisation in the police force since c.1900?

A
  1. Fraud squad
  2. Drug units
  3. dog handling unit
  4. special branch
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24
Q

name 8 ways the police force has been impacted by science and technology

A
  1. speed cameras
  2. CCTV
  3. Biometric screening
  4. transport
  5. Forensics - DNA database, fingerprinting, blood types
  6. PNC checks
  7. computers
  8. photography
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25
Q

what has changed for punishments since c.1900?

A
  1. abolition of the death penalty
  2. changes to prisons - open prisons and specialist treatment of young offenders
  3. non-custodial alternatives to prison
  4. age of criminal responsibility increased
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26
Q

Give some non-custodial alternatives to prison

A
  1. ASBO
  2. community service
  3. treatment programs
  4. tagging
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27
Q

when was the Anglo-Saxon time period?

A

c.410 - 1066

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28
Q

when was Norman Britian?

A

1066 - 1154

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29
Q

when was Late Medieval England?

A

1154 - 1485

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30
Q

when is early modern England generally considered to start and end?

A

It is generally considered to start with the first tudor monarch, Henry VII’s, rise to power in 1485 and end in approximately 1750 at the start of the industrial revolution.

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31
Q

when were victorian times?

A

18th and 19th century (1700-1900)

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32
Q

when is the post-modern era?

A

1900-now

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33
Q

what time period was it between c.410 and 1066?

A

Anglo saxons

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34
Q

what time period was it between 1066 and 1154?

A

Norman Britain

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35
Q

what time period was it between 1154 and 1485?

A

late medieval england

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36
Q

what time period was it between 1485 and 1700?

A

early modern

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37
Q

what time period was it between 1700 and 1900?

A

18th and 19th century (victorian times)

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38
Q

what is the name of the time period 1900 to now?

A

the Twentieth century (post-modern)

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39
Q

when was the Viking invasion of Britain?

A

793-1066

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40
Q

what happened in 1066?

A

the Battle of Hastings

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41
Q

when was the Black Death?

A

1348

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42
Q

what happened in the Battle of Bosworth?

A

King Richard III died

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43
Q

when was the Battle of Bosworth?

A

1485

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44
Q

when was the Gunpowder Plot?

A

1605

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45
Q

when were there witchraft beliefs?

A

1560-1650

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46
Q

when was the Industrial Revolution?

A

1750-1900

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47
Q

when did public execution end?

A

1868

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48
Q

when were the whitechapel murders?

A

1888

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49
Q

when was 999 introduced?

A

1937

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50
Q

when was WW2?

A

1939-1945

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51
Q

when was the end of the death penalty?

A

1965

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52
Q

what was petty theft?

A

stealing small, low value items

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53
Q

what is poaching?

A

illegal hunting on someone else’s lang

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54
Q

what is hate crime?

A

crime based on prejudice against a certain group

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55
Q

what is high treason?

A

plotting to kill or betray a king or queen

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56
Q

what is terrorism?

A

the use of violence to bring about religious/political change

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57
Q

what is heresy?

A

going against the official, expected religion

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58
Q

what is fraud?

A

deliberately deceiving to gain money or personal benefits

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59
Q

what do you call a punishment that harms the body?

A

corporal punishment

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60
Q

what do you call the death penalty?

A

capital punishment

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61
Q

what was a borstal?

A

a centre to educate and rehabilitate young offenders

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62
Q

what is diminished responsibility?

A

not being fully in control when carrying out a crime

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63
Q

what do you call making an action legal and no longer a crime?

A

decriminalisation

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64
Q

what is the penal code

A

a term which means ‘punishment’

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65
Q

what is maiming?

A

physically harming/cutting/amputating

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66
Q

what is a deterrent?

A

a punishment to discourage a crime

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67
Q

what is an injunction?

A

not being allowed to do something - stay away from a partner or place

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68
Q

name a key ruler from circa 1000. What did he do?

A

King Ethelred II - he enforced the law even more by attacking the Vikings and gaining an alliance with Normandy in France

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69
Q

what was the population of England in Anglo-Saxon times? How does this compare to the modern day?

A

the population then was roughly 1.7 - 2 million (it’s now about 67 million)

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70
Q

how much of the population lived in the countryside in Anglo-Saxon times?

A

90%

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71
Q

name three influences on crime and punishment during the Anglo-Saxon period

A
  1. local communities
  2. the King
  3. the church
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72
Q

name four things that small rural communities were helpless against in Anglo-Saxon times

A
  1. warfare
  2. bad weather
  3. poor harvests
  4. diseases, such as the plague
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73
Q

what is the King’s Peace? (anglo saxon times)

A

the belief that it was the King’s duty to take care of law and order so people could go about their lives in a peaceful way

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74
Q

what were nobles responsible for in anglo-saxon times?

A

keeping peace in their area. They appointed Shire reeves to make sure people followed laws

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75
Q

who made the laws in Anglo-Saxon times? Who was it up to to enforce the laws?

A

Even though the King made the laws, it was up to the local community to enforce the law

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76
Q

what were the main trends in crime and punishment during the Anglo-Saxon era?

A
  1. the power of the King grew as he was able to make more decisions about penalties/punishments
  2. the role of the Christian Church also grew due to the influence the church had over people’s lives - especially their attitudes and beliefs
  3. the use of capital punishment increased. This was to make the power of the King even more visible
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77
Q

What was the structure of society in the Anglo-Saxon times?

A

society was split into 3 tiers under the King - the nobles, freemen and the serfs. The nobles would have influence over the King to decide laws. In return they had to ensure peace in their area and would also appoint a local official called a ‘Shire Reeve’ to maked sure people followed the laws

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78
Q

what were the three main towns that grew during the Anglo-Saxon period? What impact did this have on crime?

A

The three main towns to grow in this time were Southampton, York and London. In these busy towns there was a greater opportunity for crime as not everybody knew each other and the busy locations meant crimes could be committed more easily

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79
Q

what was the punishment for stealing a nun?

A

you would have had to pay 120 shillings, half to the King and half to the bishop and to the church who owns the nun

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80
Q

what was the punishment for making up rumours about someone?

A

your tongue would be cut off

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81
Q

what would happen if you committed treason in Anglo-Saxon times?

A

you would either have to pay the King’s worth of be executed

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82
Q

how did juries work in Anglo-Saxon times?

A
  • the jury was made up of men from the same village as the accused
  • all of them would personally know the accused
  • they would take into account what was said in the trial and any evidence
  • they also took into account personal knowledge and the personality of the accused
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83
Q

what was trial by hot iron (or fire)?

A

It was a trial for women only where the accused would hold a red hot iron bar and then have their wounds dressed. If after 3 days their wounds were healing it was considered that god had protected them and they were innocent, if their wounds were infected God had forsaken them

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84
Q

what was trial by hot water?

A

it was a trial for men only where the accused would retrieve an object from the bottom of a pot of boiling water. Their wounds were bounds and inspected 3 days later: if its healed well, you were believed to be innocent, but if it had healed badly you were believed to be guilty

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85
Q

what was trial by cold water?

A

a trial for men only where the accused was thrown into a local pond or lake. The water represented purity, therefore the guilty would be rejected and would float; unfortunately the innocent would be accepted into the pure water and could well drown.

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86
Q

what was trial by sacrament (or blessed bread)?

A

it was mainly used for the clergy and involved the accused praying that if they were guilty they would choke on a slice of bread, they would then eat the bread and if they survived they were innocent. (example of benefit of the clergy

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87
Q

what is retribution? give an example.

A

retribution is a punishment that matches the crime, e.g. a thief would have their fingers cut off so they couldn’t steal again

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88
Q

when and why did Anglo-Saxon England end?

A

in 1066 with the Battle of Hastings

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89
Q

what happened under the forest laws?

A

large parts of the countryside were turned into royal forests which the King could use for hunting

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90
Q

what was the murdrum fine?

A

if a Norman was murdered by an Anglo-Saxon, a fine was issued. It was a large sum of money that would have to be paid not just by the accused but also by the hundred from the same village. This money was paid directly to the King and not the victim’s family

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91
Q

what was the King’s mund?

A

William II (the conqueror)’s belief that it was the King’s responsibility to maintain the peace of the country

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92
Q

name changes that were made crime and punishment after the Battle of Hastings

A
  1. Trial by Combat was introduced - arguments over money or land would be solved y two men fighting to the death with swords or large sticks. This matched the Norman tradition of warfare and combat skills
  2. William II made more decisions about laws compared with the old Anglo-Saxon kings. Law enforcement became more ‘centralised’ rather than being left to individual communities
  3. William controlled his people using the Feudal System. This meant that a villager was now not allowed to leav many Anglo-Saxon nobles were replaced with Norman nobles. This system meant that everyone worked for the King
    4.
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93
Q

did the laws get harsher or more lenient under William II? Why?

A

William had had to take England by force, so his laws and punishments had to be much harsher to keep power and control over the Anglo-Saxons

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94
Q

why did William II order peasants to built castles?

A

It meant that the Normans could control the local Anglo-Saxons. Castles showed strength and royal control. They were intimidating

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95
Q

How was anglo-saxon society developed?

A

from their first invasion of the 5th century through to the Norman invasion of 1066 Saxon society developed greatly. This was mainly due to the fact that their society grew in size and complexity. Initially Saxons arrived in smaller tribal groups and settled where they found appropriate land. These smaller communities grew into small kingdoms, which grew into larger kingdoms. These kingdoms began to grow in strength and swallow each other up until eventually they all merged to form one Saxon kingdom,

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96
Q

Whose duty was it to make and enforce laws towards the later part of the Saxon period?

A

towards the later part of the Saxon period, as the authority of the Anglo-Saxon king and the territory of England grew, it was increasingly accepted that the King would make and enforce laws. The king relied on advisers to help him govern the country, but he held overall authority and it was his duty to keep the King’s peace.

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97
Q

what were crimes against the person?

A

crimes, like assault or murder, that cause physical harm to another person

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98
Q

what were crimes against property?

A

crimes, like theft, robbery and arson, that involve taking or damaging something that belongs to another person

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99
Q

what were crimes against authority?

A

crimes, like treason and rebellion, that involved threatening the social structure of society or the monarch.

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100
Q

what were crimes against the church/moral crimes?

A

Actions that didn’t physically harm anyone or their property, but didn’t match up to society’s views on decent behaviour: for example having sex outside of marriage, or not sticking to the rules and customs of the church

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101
Q

in the anglo-saxon times, what type of crime was murder and what was the punishment for it?

A

it was a crime against the person, and the punishment was the wergild

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102
Q

in anglo-saxon times, what type of crime was assault and what was the punishment for it?

A

it was a crime against the person, and the punishment for it was maiming

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103
Q

in the anglo-saxon times, what type of crime was public disorder, and what was the punishment?

A

it was a crime against the person, and the punishment was the stocks or pillory

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104
Q

were stocks for your hands or your feet?

A

your feet

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105
Q

was the pillory for your hands or your feet?

A

your hands

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106
Q

in the anglo-saxon times, what type of crime was theft, and what was the punishment?

A

it was a crime against property, and the punishment was fines or maiming.

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107
Q

in the anglo-saxon times, what type of crime was counterfeiting coins, and what was the punishment?

A

it was a crime against property, and the punishment was getting your hand chopped off

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108
Q

in the anglo-saxon times, what type of crime was arson, and what was the punishment?

A

it was a crime against property, and the punishment was hanging

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109
Q

in the anglo-saxon times, what type of crime was treason, and what was the punishment?

A

it was a crime against authority, and the punishment was hanging

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110
Q

in the anglo-saxon times, what type of crime was betraying your lord, and what was the punishment?

A

it was a crime against authority, and the punishment was hanging

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111
Q

what were the Anglo-Saxons’ six key methods of law enforcement?

A
  1. blood feuds
  2. wergild
  3. the hue and cry
  4. tithings
  5. saxon justice
  6. trial by ordeal
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112
Q

what were blood feuds?

A

if a person committed a crime against another then the victim’s family may have a blood feud with the criminal’s family. The main problem with this method was if the victim’s family retaliated with something that was considered harsher than the original crime then the family of the original criminal would feel the need to retaliate further to balance things out. This could go on for generations. This system was ended in the later Saxons period

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113
Q

what was the wergild?

A

The Saxons relied heavily on a system of fines called wergild. Wergild, translating directly as “blood money”, was compensation paid to the victims of crime or to their families. The level of fine was carefully worked out and set through the king’s laws. Wergild, unlike blood feud, was not about retribution and so made further violence less likely. However, it was an unequal system. The wergild for killing a noble was 300 shillings; the wergild for killing a freeman was 100 shillings; while the fine for killing a peasant was even lower. Perhaps most outrageously, the wergild paid for killing a Welshman was lower still!
Wergild was also used to settle cases of physical injury, with different body parts given their own price. For example, the loss of an eye was worth 50 shillings, whereas a broken arm could be settled with payment of only 6 shillings to the victim.

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114
Q

what was the hue and cry?

A

if a member of the community saw a crime being committed they would cry out for others in the village to come to their aid and everyone was expected to help apprehend the criminal.

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115
Q

what were tithings?

A

once a man reached 12 years old he was expected to join a tithing. a tithing was a group of 10 men who were all responsible for each other’s behaviour. If one committed a crime the others were responsible for bringing him to justice, if they did not and he was caught anyway the punishment would be given to all members of the tithing. This shows how law enforcement was a shared responsibility.

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116
Q

how did Saxon Justice work?

A

if a criminal was caught and needed to be brought to justice then they would be brought before the local lord at a kind of court known as a ‘folkmoot’. The folkmoot was a meeting of the local lord and members of the local community who knew the accused and could make a judgement on their innocence or guilt. If they made a decision of guilty then the lord would decide upon an appropriate punishment. If the folkmoot could not reach a decision the accused would then have to undertake an ordeal.

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117
Q

in punishments in the Anglo-Saxon times, was the focus on deterring criminals or reforming them? why?

A

deterring criminals: the Saxons had to use punishments as a deterrent as the only prisons they had were used simply to hold criminals before trial, not to reform them.

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118
Q

what type of crimes were the majority of crimes in Anglo-Saxon England?

A

minor crimes: petty theft and damage to property

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119
Q

how common was violent crime in Anglo-Saxon England?

A

Violent crime was rare and was reduced further towards the latter part of the Anglo-Saxon period as Blood Feuds stopped being used

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120
Q

which three ways did minor crimes tend to be dealt with in Anglo-Saxon England? Why were these types of punishment used?

A
  1. Fines
  2. Oaths on the Bible
  3. Public humiliation
    the main reason that these types of punishment were used was because families and even villages tended to depend on each other to grow crops to survive. This meant that execution or imprisonment would have had a negative effect on the whole family or community. This made humiliation and fines much more practical.
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121
Q

describe two kinds of public humiliation

A
  1. punishing someone for a short period of time and allowing the whole community to see
  2. maiming people, e.g. eye gouging
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122
Q

describe two things that punishments were used as a form of in Anglo-Saxon England

A
  1. retribution - a severe punishment meant to match the severity of the crime
  2. deterrent - designed to put people off committing the same crime for fear of the punishment
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123
Q

how common were major crimes like murder or treason in Anglo-Saxon England? How were they punished?

A

Although not very common, major crimes like murder or treason were punished harshly. This could involve mutilation; the removal of a limb or another part of the body (corporal punishment); or execution such as hanging or beheading (capital punishment)

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124
Q

who were outlaws?

A

Starting from the Anglo-Saxon period, any man aged 14 or over who was accused of a crime but tried to avoid trial and punishment by running away and not showing up to the local court or folkmoot was declared an outlaw. This meant that they were no longer protected by the laws of the land and could be murdered without reprisal.

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125
Q

name three reasons why the Saxon justice system was fair:

A
  1. the system of justice was the same for everyone (to an extent)
  2. within the system of Trial by Ordeal everyone had the same chance of being protected by god (did they? - serfs would have to carry on working and so their wounds would be less likely to heal)
    - humiliation was used as a punishment so that losing a family member to execution did not disadvantage families
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126
Q

name 4 reasons why the Saxon system is unfair

A
  1. Juries at the folkmoot were people who knew the accused and who could therefore be biased
  2. Trial by Ordeal was based on religious belief and not factual evidence
  3. by using the tithings people could be punished for the crimes of another
  4. ordeals for the clergy were not as harsh as other ordeals for non-clergy
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127
Q

why did William Duke of Normandy have to make so many changes in England?

A

He had to ensure that he was in total control of his people. In order to gain control he did a number of things including building castles, surveying the whole country in the Domesday Book and changing many of those in positions of power to loyal Norman lords.

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128
Q

name actions taken by William the Conqueror that had the most significant impact on law and order.

A
  1. introduction of trial by combat
  2. murdrum fines
  3. forest laws
  4. outlaws and the forest
  5. laws written in French
  6. the Harrying of the North
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129
Q

what was trial by combat?

A

a new ordeal that was common in Normandy. For this ordeal the accused and the accuser would fight until either the death or until one of the two gave in. The loser was considered to have been forsaken by God and was therefore guilty. For this ordeal people did not have to fight themselves, they could pay someone to fight for them. This put Norman lords who would have a lot more access to money in a stronger position than the average Saxon.

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130
Q

what were the murdrum fines?

A

the law stated that if a Norman was killed by an Anglo-Saxon and the killer could not be found it was considered to be ‘Murdrum’. The whole village was given a hefty fine to pay. This encouraged the other members of the village to inform on the killer if they knew who it was.
This shows continuity with the Saxon system of shared responsibility in a tithing, and with the Anglo-Saxon idea of making financial payment as compensation for loss of life.

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131
Q

What were the forest laws, and effects did they have for ordinary people?

A

Forest Laws applied to areas of woodland that were protected by William I. This meant that large areas of countryside became protected ‘royal forests’. Large areas of land that had been common land - where peasants had the right to graze animals, take firewood, or catch a few rabbits - were now strictly controlled by the King. Only those who could afford to pay for hunting rights would now be allowed to hunt there. Saxons could not hunt deer, carry a bow or chop wood from the trees in these protected woods. They couldn’t even take a fallen branch! Hunting animals for food was now treated as a crime called poaching. Forest laws led to much bitterness: ordinary people saw these laws as unfair, and therefore didn’t frown upon people who broke these laws - this created a new type of crime called “social crimes”.

However, if anyone was caught breaking the Forest Laws they faced punishments, including hanging and corporal punishments such as castration and blinding. punishments were deliberately harsh to deter others from poaching.

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132
Q

what are social crimes?

A

actions that are technically against the law but which most people in society do not disapprove of

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133
Q

what were women who tried to avoid trial and punishment by running away called? (female outlaws)

A

they were said to be ‘waived’. both outlaws and waived women lost the protection of the law. They could be killed without any legal consequences for the person responsible.

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134
Q

what major change was made to the way laws were written after the Battle of Hastings in 1066?

A

they were written in french: this stopped any of the old English/Saxon lords from understanding or contributing to the development of new laws

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135
Q

what was the Harrying of the North, and why did William I do it?

A

When William I first came to power in England there were a number of rebellions. William’s reaction to this was to take decisive and harsh action. He would burn down villages to put his message across and also would kill whole herds of livestock. This was called the Harrying of the North, and was designed to deter future rebellion

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136
Q

how much did life change after the Norman invasion?

A

it is important to remember that although some of the new laws & actions introduced by the normans were harsh, much of the day to day process of running the country did not change from the perspective of the ordinary people. This was so that the transition from Saxon rulers to Norman rulers would be smooth.

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137
Q

what were the punishments for stealing in Norman times? Was this different from Anglo-Saxon times?

A
  1. fines payable to the King - before they were paid to the victim of the crime
  2. stocks or pillory - no change
  3. public beatings or floggings - no change
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138
Q

what was the crime of slander?

A

making false statements about another person in public

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139
Q

what was the punishment for slander in Norman times? Was this any different to Anglo-Saxon times?

A

tongue cut out - no change

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140
Q

what was the punishment for poaching in the King’s forests? (norman times)

A

execution by hanging or beheading

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141
Q

what changed for law enforcement after the 1066 norman invasion?

A
  1. trial by combat - used to settle disputes over land or money - introduced because of a change in society as Norman noble custom is introduced to Wngland
  2. court records in Latin
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142
Q

name 2 law enforcement methods that continued after the 1066 Norman conquest

A
  1. local collective responsibility for preventing crime and apprehending suspects continued - tithing continued
  2. hue and cry also still in use - no change in society - most people still lived in close-knit villages
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143
Q

what was the King’s mund?

A

the idea that all men should expect to be safe from crime, and to live peacefully in and around their homes, under the authority of the king - similar to the ‘King’s Peace’

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144
Q

when did Henry II become King? Why was he important?

A

Henry the second became King in 1154, and introduced some important reforms to crime and punishment

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145
Q

describe some of Henry II’s reforms to crime and punishment

A
  • In 1166, he reorganised the courts and set up prisons for those who were accused and waiting for trial. These changes were known as the Assize of Clarendon
  • Henry II ordered royal judges, known as Justices in Eyre, to visit each county twice a year to hear the more serious criminal cases.
  • this increased the role of the king in legal matters, and meant stronger centralised control over the court system
  • Standard written instructions were issued to local sheriffs. This meant that the whole system was becoming more uniform across the country
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146
Q

what time period was the reign of Henry II?

A

the later Middle Ages

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147
Q

what was the reason for Henry II introducing a number of new laws and procedures?

A

Prior to Henry II taking the throne one of the biggest problems in English justice was ‘the over-mighty subject’. This was a term to refer to a Baron or a Sheriff who had become so powerful in their local area that they could ignore decisions made by the king’s courts and get away with it. By 1154 Henry the Second had decided that he needed to be back in charge and introduced a number of new laws and procedures.

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148
Q

what was the king’s peace, and how did Henry II extend it?

A

the King’s peace was an old law that protected the area directly around the king or along the roads where the king was travelling. If a crime was committed in this area then the punishment was much harsher than it would normally be. This was designed to deter people from committing crimes near to the King. Henry II made the decision to extend the king’s peace to the whole of the country. This meant that punishments for crimes committed anywhere in England would be more harsh

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149
Q

who were Travelling Justices, and why were they needed?

A

if you wanted the king to hear your case then you could be waiting a long time to follow him around and get an opportunity for him to hear you. Some cases however needed to be heard by the king so that he could make a judgement. Travelling Justices were people who were given power by the king to hear cases and make judgments on behalf of the king. This made the court system much more efficient

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150
Q

when were Travelling Justices introduced?

A

in the later Middle Ages

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151
Q

what was the significance of the county gaols (jail)?

A

until the county gaols were built the only form of prisons were those that were used to hold people prior to going to court. These gaols, once built, were used as a form of punishment.

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152
Q

when were the county gaols built?

A

in the later Middle Ages

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153
Q

when was the system of Trial by Ordeal ended and by who? What did this mean?

A

In 1215 the Pope ended the system of trial by ordeal by forbidding priests to organise it. This meant that all criminal cases had to be tried by a 12 man jury and because the need for a writ was not removed it generated a lot of money for the King

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154
Q

what was a ‘writ’?

A

if you felt that you did not want to be judged by an ordeal then you could pay for a ‘writ’: a document that allowed you to be heard in the king’s court and be tried by a 12 man jury (the basic model that we still use today).

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155
Q

who were county coroners?

A

people who were specifically appointed to investigate unexpected or suspicious deaths

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156
Q

when and by whom were county coroners introduced?

A

King Richard I introduced coroners in 1194 to deal with situations where there was a suspicious death

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157
Q

when and by whom were county coroners introduced?

A

King Richard I introduced coroners in 1194 to deal with situations where there was a suspicious death

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158
Q

How did the Justices of the Peace come about?

A

in 1195, Richard I appointed some knights as keepers of the ‘king’s peace’ in areas that were seen as unruly, and where it was difficult for the community alone to maintain law and order. Later, in 1327, Edward III extended the system to all areas, and men judged to be ‘good and lawful’ were appointed to the role. By 1361, they were known as Justices of the Peace.

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159
Q

When were Justices of the Peace (JPs) appointed, and what was their role?

A

In 1361, the Justice of the Peace Act appointed 3-4 Justices of the Peace or JP’s to each county. They met 4 times a year to carry out their magistrate duties and enforce the law. These JPs had the power to fine, bind and arrest people who were disturbing the peace. This was one of the first active forms of policing authorised by the king rather than just by ordinary people policing themselves

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160
Q

what is the significance of the Justice of the Peace Act, 1361 (appointed Justices of the Peace (JPs)?

A

it was an important shift towards a crime and punishment system imposed by a central government power base. JPs were selected on the basis their status and wealth, and by the end of the Middle Ages they played an important part in local government and law enforcement. They had a reputation for being particularly harsh on poachers - because most of them were local landowners.

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161
Q

describe the change and continuity in crime and law enforcement in the later Middle Ages

A
  • a more centralised approach was needed to control crime
  • there was a shift away from local communities dealing with crimes in their area, towards a system where crime was dealt with by government-appointed officials
  • due to these officials being appointed centrally, similar law enforcement methods began to be used across different areas
  • However, townspeople were still expected to play their part in apprehending offenders, and towns were divided into areas called wards for that purpose
  • manor courts continued to be used to deal with disputes between the lord of the manor and local people
  • local officials known as ‘tythingmen’ during the saxon period came to be known as ‘constables’
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162
Q

in the later Middle Ages, which 2 new crimes did parliament create with laws passed?

A
  1. The Statute of Labourers = a crime to ask for higher wages
  2. New heresy laws = a crime to disagree with the teachings of the Church
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163
Q

when was the Statute of Labourers introduced and why? what was it?

A
in 1351, because of the Black Death (a severe epidemic which hit England in 1348). About a third of the population died of the plague, which meant that there were fewer workers available, so peasants could demand higher wages for their work. The ruling class were worried about peasants becoming wealthier and more powerful, and they didn't want to pay higher wages, so they used a new law to protect their interests.
The law, introduced in 1351, introduced a maximum wage for workers and made it a crime to ask for more. It also made it illegal to move to a new area to look for better paid work.
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164
Q

how does the Statute of Labourers show continuity?

A

in the Norman period the ruling class also introduced laws to protect their own interests at the expense of the peasants e.g. the Forest Laws

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165
Q

how does the Statute of Labourers show change?

A

under the Normans new laws were introduced by the King. However, by the later medieval period the role of parliament in law-making was growing. The Statute of Labourers was passed by parliament, not by the authority of the king alone

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166
Q

why was the crime of heresy introduced?

A

in the 13th and 14th centuries, a small number of people questioned the practises and beliefs of the Christian Church. They wanted the Church to be reformed:

  • they disagreed with the sacrament of bread and wine
  • they wanted the Bible to be translated into the vernacular (English).

the clergy felt undermined and threatened by the new ideas, and medieval kings were keen to support the church against reformers. Laws against heresy were introduced in 1382, 1401 and 1414.

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167
Q

what is the definition of heresy?

A

holding views that are different to those of the established religion of the time

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168
Q

what was the punishment for heresy like?

A

Punishments for heresy were severe and the 1401 law introduced burning at the stake. This was intended to symbolise purifying the soul, and to act as a powerful deterrent to others.

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169
Q

name one thing introduced by the law against heresy in 1414

A

It gave Justices of the Peace powers to arrest suspected heretics. This shows government officials and the Church authorities working together.

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170
Q

what were punishments like in the later Middle Ages?

A

punishments continued to rely on a mixture of fines, corporal punishment and execution. A significant new punishment was introduced for the most serious crime of high treason (plotting to kill or betray the king). A person convicted of high treason would be sentenced to be ‘hung, drawn and quartered’.

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171
Q

name three of the most important factors affecting crime and punishment during the later Middle Ages

A
  1. role of the church
  2. changing attitudes and ideas
  3. role of the king
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172
Q

what happened between Henry II and Thomas Becket?

A

On the 29th December 1170, the Archbishop of Canterbury (or Thomas Becket) was murdered in his cathedral by four knights. They chopped off the top of his head and pulled out his brains. King Henry II was trying to make the legal system fairer, and wanted the Church courts to stop letting the clergy off so lightly. Thomas Becket was very religious, and refused to reduce the power of the church courts. King Henry II had a foul temper and apparently screamed “who will rid me of this turbulent priest?” Four knights overheard and believed the King was ordering them to kill Becket. Henry II had not meant for Thomas Becket to be killed and was whipped at Becket’s tomb as penance for his sins. Thomas Becket was made a saint in 1173 and his tomb became a place of holy pilgrimage

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173
Q

When + why did trials by ordeal come to an end?

A

in 1215, the Pope ordered that priests should stop helping to organise trials by ordeal. Without priests help, the system quickly came to an end. There was nothing secular (non-religius) authorities could do about the Pope’s decision so they had to find an alternative method of deciding someone’s guilt or innocence.

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174
Q

What replaced trials by ordeal in England?

A

trial by jury

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175
Q

why did the Church hold a lot of control over people?

A

the clergy were often the most educated members of the community. Churches and cathedrals were the largest buildings in most villages, towns and cities. The Church was in charge of the population’s ‘afterlife’ so held a lot of control over the people

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176
Q

name 6 impacts of the Christian Church in crime, punishment and law enforcement

A
  1. church courts/benefit of the clergy
  2. Sanctuary
  3. trials by ordeal
  4. oaths: a person could swear their innocence in a religious oath. This meant that many criminals walked free.
  5. heresy
  6. witchcraft
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177
Q

What were church courts?

A

the Christian church had a direct impact on the people of England. They used church courts to rule on moral crimes. Church courts worked on the principle that punishments should offer the offender the chance to reform and save their souls. Punishments like maiming were seen as better than execution, as the offered the offender the chance to think about their crimes and feel regret for them

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178
Q

what was the benefit of the clergy?

A

the right that Priests had to have any indiscretion tried by the Church Courts. The church courts were seen as much less harsh than the King’s court or the manor courts. Over time more and more people claimed the benefit of the clergy, from monks to the church doorkeeper. This was an issue for many rulers as they didn’t like the fact their authority didn’t extend to people in the church. Punishments imposed by church courts included enforced pilgrimage, or confession and apology at mass. This system was open to abuse, as it was easy for anyone to claim to be a member of the clergy. to ‘prove’ you worked for the church, you had to recite Psalm 51. Criminals memorised the psalm and recited it at a church court to claim benefit of the clergy. It became known as the ‘neck verse’ because knowing it could ‘save your neck’.

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179
Q

What did it mean to ‘claim sanctuary’?

A

if someone was being pursued for committing a crime and they made it to a church they could claim sanctuary. If they claimed sanctuary they would be protected from the law until the county coroner saw them. Upon their confession to the County Coroner the criminal would be allowed to ‘abjure’, which basically means they would leave the country. If they didn’t leave the country within the time limit they would be outlawed. A person was not allowed to claim sanctuary if they had committed certain crimes such as heresy. Over time the number of crimes a person was not allowed to claim sanctuary for was increased until Henry VIII dissolved the monastries in 1536 and sanctuary ended entirely.

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180
Q

what was a negative thing about the influence of the church?

A

over time, especially during the reign of Henry II, the power of the church was considered to be too great and it was thought that the Church allowed for too much leniency towards criminals

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181
Q

what do we see happen in the early modern period?

A

In this period we see massive change resulting from religious views and political turmoil in the Tudor and Stuart period to the harsh punishments of the 18th century under the Georgian Kings.

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182
Q

when and why was Protestantism created, and who by?

A

In 1517, a German priest called Martin Luther protested against what he saw as corruption in the Catholic Church. Luther’s followers became known as Protestants.

183
Q

what was the Reformation?

A

the growth of Protestantism as more people came to believe the Catholic Church needed reform

184
Q

name two monarchs that followed protestantism

A

Edward VI and Elizabeth I

185
Q

explain the two most serious crimes connected with the religious changes between Protestantism and Catholicism

A
  1. heresy - crime against the Church and an offence to God. Heretics were also seen as a danger to others as they could persuade others to follow them in false beliefs.
  2. treason
186
Q

what was the punishment for heresy? Were there any other options?

A

burning at the stake - a medieval practice which was designed to burn all parts of the body so that if God resurrected the believers there would be nothing left of these people to be resurrected.
Not everyone was burnt - some chose to recant (make a public statement that you have changed your religious beliefs)

187
Q

What were Mary Tudor’s religious beliefs, and where did they come from?

A

As one of Henry VIIIs children she had seen her father break away from the Roman Catholic Church. As her father tried to distance himself from Mary’s mother, his former wife, he also distanced himself from Mary herself. She was brought up following the religion of her Mother and became a very strong Catholic.

188
Q

what was Mary I’s attitude to protestants?

A

When Mary I (Mary Tudor) came to power she was determined to bring England back to Catholicism and attempted to do so by fiercely punishing protestant heretics. During her reign she had 283 people arrested as heretics and had more people executed during her 5-year reign than had been executed in the previous 50! Although many of the people she had executed were hanged she was known for having heretics burnt at the stake.

189
Q

what were Elizabeth I’s religious views, and how did her stance change throughout her reign?

A

Unlike her sister, Elizabeth was a protestant and her views of religion were quite tolerant. It was only when, in 1570, the Pope excommunicated Elizabeth and declared her a heretic that she had to take a stronger position. If she was considered a heretic, then all of the Roman Catholics living in England would not have to obey her and it would not be considered a sin to defy her. This meant that Elizabeth had to fear the Catholics, as they may now consider assassinating her. As a result, Elizabeth’s religious tolerance ended and all Catholic Priests were considered heretics and traitors. As traitors, they would be punished in the same way as those convicted of treason. The punishment was to be hung, drawn and quartered

190
Q

what did being hung, drawn and quartered involve?

A

the convicted person being hanged until nearly dead, then being disembowelled and having their organs burned in front of them, and finally being cut into quarters which could be displayed in various parts of the country

191
Q

when did King Henry VIII declare himself the head of the Church of England?

A

1534

192
Q

which religion was punished as criminals during Henry VIII’s reign?

A

both protestants and catholics: protestants were executed for heresy (King Henry VIII remained a catholic despite closing down Catholic monasteries and seizing their wealth and land), and Catholics were executed for treason as they would not take the Oath of Supremacy, acknowledging Henry as the head of the Church of England

193
Q

what religious changes did Edward VI make during his reign?

A

Edward was brought up as a Protestant. When he became King he introduced a prayer book written in English, allowed priests to marry and made church interiors plainer - all these actions are typically protestant

194
Q

what happened to Catholics during Edward VI’s reign?

A

some Catholic bishops were imprisoned in the Tower of London. Only two people were executed for crimes of heresy during his reign.

195
Q

what religious changes did Mary I make during her reign?

A

Like her husband, the Spanish King Philip II, Mary was a strict Catholic. She tried to restore the Catholic church in England and made the Pope head of the English Church once more.

196
Q

how many people were executed as heretics during Mary I’s reign?

A

almost 300 people were executed as heretics for refusing to follow the Catholic faith during Mary’s reign

197
Q

when was Henry VIII’s reign?

A

1509-47

198
Q

When was Edward VI King?

A

1547 - 53

199
Q

when was Mary I Queen?

A

1553-58

200
Q

when did Elizabeth I rule?

A

1558-1603

201
Q

what were Elizabeth I’s attitudes to religion?

A

She tried to find a ‘middle way’ in religion. She wanted to create a Protestant Church that was not too challenging to Catholic traditions, so English Catholics would feel comfortable as part of the Church of England, with her at its head

202
Q

what religious changes did Elizabeth I make?

A

In 1559 Elizabeth passes several new laws about religion:

  • the Act of Uniformity said everyone had to go to church on Sundays and holy days or pay a fine. Those who refused were labelled ‘recusants’. At first they were only prosecuted after refusing to attend church several times.
  • the Act of Supremacy reintroduced the Oath of Supremacy. Catholics who refused to swear it were committing a crime.
  • the harsh heresy laws introduced by Mary I were repealed. In 1569 there was a Catholic rebellion in the north of England and in 1570 the Pope excommunicated Elizabeth. After this many more Catholics were prosecuted for recusancy, and hundreds of rebels were executed
203
Q

when was the rule of James I?

A

1603-1625

204
Q

How did James I’s religious views change during his reign?

A

He was protestant but was tolerant towards Catholics at first. However, the Gunpowder Plot in 1605 changed his attitude: he introduced strict anti-Catholic laws. The 1605 Popish Recusants Act forced Catholics to swear loyalty to the King and pay heavy fines for not attending church.

205
Q

when was the Gunpowder Plot? What was it?

A

it was on the 5th November 1605, and was an act of terrorism created by a group of Catholics who wanted to kill the Protestant King as part of a religious and political protest. Guy Fawkes, the group’s explosive’s expert, was caught prior to the attempted assassination and was tortured to gain the names of the others in his group. Once they were discovered they were all hung, drawn and quartered. The idea behind this kind of punishment was to make a very public statement that the monarch should not be challenged in any way.

206
Q

how many executions were there for heresy during the reign of Henry VIII?

A

81

207
Q

how many executions for heresy were there during the reign of Edward VI?

A

2

208
Q

how many executions for heresy were there during the reign of Mary I?

A

283

209
Q

how many executions were there for heresy during the reign of Elizabeth I?

A

6

210
Q

what is treason, and when did it become connected with heresy?

A

treason was a challenge to the authority of the ruler. It became connected to heresy in the early modern period because all monarchs from Henry VIII onwards (except for Mary I) were head of the Church of England. Anyone who challenged the ruler’s authority as head of the Church of England would be guilty of treason.

211
Q

which three factors influenced changes in crime and punishment in Early Modern England?

A
  1. Poverty
  2. religion
  3. political change
212
Q

which 5 factors influenced poverty in the early modern era?

A
  1. the price of food
  2. jobs
  3. population growth
  4. Henry VII and the Baron’s armies
  5. Henry VIII and the monasteries
213
Q

how did the price of food affect poverty in the Early Modern era?

A

during this period of history, people were still dependant on good harvests to supply food. If there was a bad harvest and food supplies were low then the price of food would rise. This made it much more difficult for poor people to get the food that they needed and would likely cause an increase in theft.

The population also grew in this period of history, meaning that the food and resources that were available had to be shared between more people. Again this would affect the price of goods and make it more difficult for poor people to get things without turning to crime.

214
Q

how did jobs affect poverty in the early modern era?

A

in order to earn money, people had to work. There were however factors that made it difficult for people to find work.

215
Q

how did population growth affect poverty in the early modern era?

A

this period saw an increase in the amount of people living in England. In some cases this created more work because there were more people wanting to but goods and services; however it also created greater competition for the jobs that were available, making it more difficult for people to get into various jobs.

216
Q

how did Henry VII and the Baron’s Armies affect poverty in Early Modern England?

A

at the start of this period Henry VII came to power. He had done so by winning the final battle of the War of the Roses at Bosworth Field. His experience of fighting in this war showed him that the Barons, who had their own private armies, could pose a dangerous challenge to his authority. To solve this problem Henry VII made it illegal for the Barons to have their own personal armies. This meant that the soldiers employed by the Barons lost their jobs and added to the amount of unemployed people searching for work. The result of this was even more competition for jobs and greater unemployment and poverty.

217
Q

how did Henry VIII and the monastries contribute to poverty in Early Modern England?

A

During the reign of Henry VIII there was massive change in the Church. Henry VIII broke away from the Roman Catholic Church and set up the Church of England. One part of this major change or ‘reformation’ of the Church was the dissolution of the monasteries. The main reason Henry wanted to close the monasteries was because they had lots of money that he could take. This impacted on poverty in England because part of the work of the monasteries was charitable aid for the poor. Without the monasteries this aid was gone and the poor had one less source of food and charity to help them.

218
Q

what was the reformation (in England)?

A

Following the Pope’s refusal to grant Henry VIII a divorce from his first wife Catharine of Aragon, Henry decided to break away from the Roman Catholic Church and set up the Church of England. This was known as the reformation as he was re-forming the national Church. The king was now head of the Church, not the Pope, and the way that church services were conducted began to change. If people did not like these changes and continued to practise religion in their old ways it could be seen as a crime against the Church and God, known as ‘Heresy’

219
Q

when was Oliver Cromwell in power in England?

A

from 1653 until his death in 1658

220
Q

describe 5 methods ‘sturdy beggars’ (people earning money by begging over a long period of time) used to get more money out of people in the Tudor times

A
  1. Bristlers - someone who would use loaded dice in order to run a gambling scam
  2. counterfeit crank - a beggar who would pretend to have violent fits in order to gain sympathy and money from passers-by
  3. baretop trickster - a woman who would flash herself at a man to try and lure him away to a place where he would be beaten up and robbed
  4. priggers/prancers - someone who stole horses
  5. ruffler - usually ex military men who beat people up for money
221
Q

when was the reign of Henry VII?

A

1485 - 1509

222
Q

what was Henry VII’s approach to the poor?

A

he treated beggars as petty criminals and would have them sent to the village stocks or pillory for three days and then send them back to the village of their birth or most recent residence. They were sent away as many of them travelled from place to place to beg.

223
Q

what was henry VIII’s attitude to the poor?

A

henry VIII was the first Tudor monarch to make a distinction between those who made a choice to become beggars and those who could not work or get work. He referred to those unable to get work, perhaps because of disability or age, ‘worthy poor’. These worthy poor were given a licence to beg. If you were to beg without a licence you would be whipped and then sent back to where you came from. If you repeated your offence the punishments would get harsher until execution was necessary. Execution for begging was rare in Henry VIII’s time.

224
Q

what was Edward VI’s attitude to the poor?

A

under Edward the law against beggars was tightened up and made stricter. The Vagrancy Act of 1547 was very harsh. First time offenders were still whipped as in Henry VIII’s time, but with the addition of a branding. They were branded on the forehead with the letter ‘V’ for vagabond. If they were caught begging a second time they were executed. This law however was repealed after a short time as it was seen as far too strict. These laws were unchanged during the reign of Edward’s sister Mary (1553-1558)

225
Q

what was Elizabeth I’s attitude to the poor?

A
  • the laws were unchanged for much of Elizabeth’s reign
  • The Act for the Relief of the Poor of 1597 - included harsh punishments to act as deterrents to vagabonds - including whipping and burning the ear using a hot iron
  • The Poor Law of 1601
226
Q
A

made some quite significant changes to the law regarding the poor. The 1601 Poor law created local taxes known as the ‘poor rate’ and this money was used to help the problems of poverty in the local community. The money was collected by the local Justice of the Peace and divided up according to the poor person’s situation. For this purpose poor people were divided up into three categories and dealt with accordingly:

  1. the impotent poor: people who could not work because of age or illness. These people were given food which was paid for out of the poor rate
  2. the able-bodied poor: people who could work but were unable to find a job. The poor rate was used to build work houses and buy simple materials, the poor were encouraged to go to the work house and make things from the materials and sell it on to make some money. The poor rate was also used to pay the wages of apprentices to encourage people to take on apprentices and train them up
  3. rogues and vagabonds: people who could work but instead chose to become beggars. These people were not helped by the poor rate at all. Instead they were punished by whipping. Repeat offenders were sent to a house of correction (a small prison) and those who continued to offend were executed
227
Q

what happened after parliament’s victory in the English Civil War?

A

the king, Charles I, was executed and the leader of the parliamentary forces, Oliver Cromwell, took the title of Lord Protector. He governed England from 1653 until his death in 1658.

228
Q

what main changes were made under Oliver Cromwell?

A

Cromwell was a radical Protestant - a Puritan. This gave him a very strict outlook. He thought people should focus on religion and strive to have ‘pure souls’. Many activities and entertainments that were previously quite ordinary were banned and became criminal acts. These bans were lifted in 1660 when the monarch was restored

229
Q

before the protectorate, what was a common activity after church on Sunday? What were puritan attitudes to this?

A

Men often gathered to do sport after church. Popular sports included wrestling, leaping and pike-throwing. However, puritans believed that Sunday is the Sabbath day and that people should go to church on a Sunday and keep it as a holy day. Therefore, this was banned during the protectorate

230
Q

what were ‘church ales’ (or ‘parish ales’)?

A

Events where members of the parish brewed ale for gatherings for celebrations including food and alcoholic drinks. The ale was sold to raise funds for the church.

231
Q

what were puritan attitudes to ‘church ales’ (or ‘parish ales’)?

A

they thought that people shouldn’t drink and feast, as they believed that drinking led to bad behaviour, and that people should learn to control their appetites. Therefore, drinking was banned during the protectorate

232
Q

what were puritan attitudes towards Christmas celebrations?

A

they thought that Christmas was the most holy day of the year, and so people should spend the day quietly reading the Bible and thinking about the birth of Jesus. Therefore, gathering for feasting and games on Christmas Day was banned.

233
Q

name two (very similar) continuities between the period 1000-1500 and 1500-1700

A
  1. in the period 1000-1500, witnesses to crime were expected to step in to stop suspects or, if this isn’t possible, report them to the authorities. This continued into the period 1500-1700
  2. during the period 1000-1500, locals were expected to join the jue and cry to chase suspected criminals down and bring them to justice. This continued into the period 1500-1700
234
Q

name three changes that happened during the period 1500-1700 compared to the period 1000-1500

A
  1. the role of town constables expanded
  2. the role of night watchmen expanded
  3. the emergence of thief takers
235
Q

name 6 features of the role of the night watchmen

A
  1. their work was overseen by the town constable
  2. watchmen were unpaid volunteers who also have to do their normal jobs to earn a living in the day
  3. all householders are expected to serve as night watchmen as part of the duties of all male town citizens
  4. night watchmen took turns to patrol the local area between 10 p.m. and dawn
  5. they rung a bell at night to warn people to go home or risk being viewed as possible criminals
  6. they carried a lamp to help with patrolling when it is dark
236
Q

give 6 features of the role of the town constable

A
  1. employed by the town authorities
  2. appointed by local people with good standing in the community, including merchants whose businesses benefit from better law enforcement
  3. had some powers to arrest suspects without the need for a warrant from a Justice of the Peace
  4. helped with local administrative issues like collecting payments for road cleaning
  5. expected to stop suspected criminals, break up fights and round up ‘sturdy beggars’
  6. expected to turn in serious criminals to the courts
237
Q

why was there a need for thief takers?

A

constables and watchmen were not particularly effective at hunting down criminals, so some victims of crime resorted to using thief takers. The thief taker was paid a reward for catching a criminal and delivering them to the law.

238
Q

what was a problem with using thief takers?

A

the system was open to corruption, as some criminals also operated as thief takers and informed on rival gangs to make money

239
Q

describe an infamous thief taker

A

the most infamous thief taker was Londoner Jonathon Wild, who secretly led a gang of thieves who claimed rewards when they handed in the stolen goods. In 1718, he assumed the title “Thief Taker General” and became a well-known figure. Ultimately, his criminal activities were discovered and he was executed in 1725

240
Q

Was there continuity in the approach to punishment from the middle ages to the early modern period?

A

There was considerable continuity in the approach to punishment from the middle ages to the early modern period. The emphasis was still on deterrence and retribution. However by the late 17th century some new punishments were emerging too

241
Q

What were prisons like in the early 16th century?

A

in the early 16th century, prisons were not used as punishment in their own right, but as a holding area where people waited for their trials, or for a punishment to be carried out. Conditions were very poor. Inmates had to pay the prison wardens for food and other basic needs like bedding. If they didn’t pay, they went without. Women, men and children were housed together, and petty criminals and more violent offenders were kept together. Prisons were dirty and unhealthy, with no proper sanitation, and many prisoners died of diseases like typhus

242
Q

What was Bridewell prison, and when did it open?

A

In 1556, a new, more purposeful type of prison, or house of correction, was opened in the disused Bridewell Palace in London and was called Bridewell prison. It was used to punish poor people who broke the law and to house poor children who were homeless and, often, orphaned. All inmates were made to do ‘hard labour’ (like breaking up rocks) to pay for their keep.

243
Q

What was the bloody code, and what effect could it have on historical sources?

A

The ‘Bloody Code’ was the name given to the particularly harsh set of laws used in Britain
throughout the 18th and into the 19th centuries. These harsh laws meant that a great number of
crimes were punishable by death! There were 50 capital crimes by 1688. A legal system such as
this, which is focused on punishing all crimes, will of course result in a greater number of recorded punishments and executions. If you did not know the context of the bloody code it might seem that there was a massive increase in violent crime during this period.

244
Q

Where were people originally transported to?

A

North America

245
Q

What was transportation?

A

During the reign of James I (1603-25), transportation (being sent away from England to serve a period of punishment in a colony abroad), to the new English colonies in North America, was introduced as a new form of punishment. Those who were transported served for 14 years and completed tough manual labour. Those who committed lesser crimes, served a 7 year sentence. At the end of their term, they would be freed; but with no money to pay for a return journey, they often spent the rest of their lives far from home and might never see their friends or family again!

246
Q

Why was transportation favoured by the authorities?

A
  • it was seen as an effective deterrent
  • England did not have an effective prison system, so prison was not a feasible alternative to punishment
  • England wanted to establish permanent colonies in North America, and convicts could be used to populate and provide manpower for these colonies
  • some people were developing new ideas about punishment that allowed for the possibility of rehabilitation. It was thought that criminals should have the chance to reflect on their crimes and change their way of life
  • criminals were taken far from the people and places that might have drawn them into a life of crime in the first place. It was claimed that the change of scene, especially for children and young people, might help them make a new start
247
Q

What does rehabilitation aim to do?

A

Help people return to ‘normal’ life and society after they have committed a crime

248
Q

What religion was James I? How did Catholics feel about his reign?

A

He was a protestant yet catholics were hopeful, as he was married to a Catholic, that he would allow more religious freedom. However, it became clear that this was not going to be the case.

249
Q

Name 5 key plotters of the gunpowder plot

A
  1. Robert Catesby
  2. Guy Fawkes
  3. Thomas Percy
  4. Thomas Winton
  5. Jack Wright
250
Q

What was the aim of the gunpowder plot?

A

To set off an explosion that would kill the king, and those close to him, at the state opening of Parliament on the 5th of November 1605. The elite of Protestant society would be there. They wanted to replace James with his daughter, Princess Elizabeth, who they would be able to influence and control.

251
Q

What were the key events of the gunpowder plot?

A

The conspirators rent a house in Central Westminster next to the Parliament buildings. They also rented the cellar directly under the House of Lords and packed it with an estimated 36 barrels, about 1 ton of gunpowder in total.
On 20th October, Lord Monteagle received a letter warning him not to attend the state opening of Parliament. Monteagle passed the information on, and the order was given for Westminster to be searched. It was in this raid that the gunpowder and Guy Fawkes were discovered.

252
Q

What were the short term consequences of the gunpowder plot?

A

Guy Fawkes and his fellow conspirators were tortured to extract confession. Fawkes was tortured using the rack: a wooden frame that stretched the body, forcing limbs apart at the joints. At first he refused to give up his fellow conspirators, but after 12 days he finally confessed. They were all found guilty of treason and sentenced to death by being hung, drawn and quartered. The authorities were determined to make the punishment a deterrent to others who might plan a similar attack. At this time of religious instability, they were concerned that other Catholics might want to plot against the King.

253
Q

What were the long term consequences of the gunpowder plot?

A
  • the ‘King’s book’ published soon after the plot, included an account from James I as well as Fawkes’ confession l. This helped encourage anti-Catholic attitudes.
  • in 1605, the Thanksgiving Act ordered that the events of the 5th November should be commemorated each year, Catholics are also banned from working in the legal profession or becoming officers in the armed forces.
  • in 1606, the Popish Recusants Act forced Catholics to take an oath of allegiance to the English Crown. They were also forced to take part in CoE services and rituals - or pay fines.
  • the plot had a impact on Catholics for centuries after the event. They were restricted from voting, becoming MPs or owning land
254
Q

Which law did Henry VIII pass against Witchcraft? When? What did it do?

A

In 1542, Henry VIII passed the Witchcraft Act, which made Witchcraft punishable by death.

255
Q

Name a law that Elizabeth I passed against Witchcraft, and when

A

In 1563, Elizabeth I passed the Act against Conjurations, Enchantments and Witchcraft.

256
Q

What did the 1563 Act against Conjurations, Enchantments and Witchcraft do?

A
  • Witchcraft tried in common court, not Church Court - Common Court penalties more severe. Death penalty will be issued when harm caused to another person.
  • Minor Witchcraft, using charms and magic, punished by time in the stocks
257
Q

Which law did James I pass against Witchcraft, and when? What did it do?

A

In 1604, he passed the Witchcraft and Conjuration Act, which gave the death Penalty to anyone summoning evil spirits

258
Q

Which law did George II pass against Witchcraft and when?

A

In 1735, George II passed the Witchcraft Act

259
Q

What changes were made with the 1735 Witchcraft Act?

A

‘Witches’ seen as confidence tricksters, and punished with fines and imprisonment

260
Q

What did the law say about Witches in Medieval England?

A

Being a witch was not in itself a crime, it was only illegal to use Witchcraft to harm others.

261
Q

When did the law about Witches change from how it was in medieval England, and how did it change?

A

When King James I came to the throne the law was changed to make it illegal for someone to simply be a witch

262
Q

How did public attitudes change towards Witchcraft in the jacobean era?

A

Following the publication of King James’s book “Demonology” which discussed in great detail how to identify a witch and what they were capable of, many people began to worry about the possibility of Witches existing in their village. This period also saw an increase in puritanism, which also led to a harsher line being taken with Witches

263
Q

When was the English Civil War?

A

1642-1651

264
Q

How did the English Civil War affect the rise of Witchcraft?

A

During the English Civil War, the country was in turmoil and a craze of witch finding and execution began to develop. The English Civil War caused massive disruption and uncertainty. Many families were divided. The economic and political chaos in the War years created a climate of fear in which people were more attracted to superstitious ideas

265
Q

Who was Matthew Hopkins, where & when did he operate, and how many people did he execute?

A

Matthew Hopkins, the self-appointed ‘Witch Finder General’, operated in East Anglia between 1645 and 1646. Over a period if 14 months he had hundreds of people executed, in Chelmsford in Essex he had 19 women executed in one day!

266
Q

Name 5 identifying features of witches that’s Matthew Hopkins used as evidence that a person was a witch

A
  1. Having a witch mark; this is often a large mole or wart
  2. Typically witches were elderly women but not exclusively
  3. Having a familiar; an animal that was the representation of the devil come to feed off the witch’s evil power via her witch mark
  4. Missing Church: people in league with the devil would not want to go into a church
  5. Unintelligible muttering: If someone was muttering in a way that could not be understood and then something bad happened it might be thought that they were but that they were casting a spell
267
Q

Where did most of Matthew Hopkins’s identifying features of Witches come from?

A

King James I’s book Demonology

268
Q

Describe 3 methods used by Matthew Hopkins to prove a person was a witch

A
  1. Ducking: this was very similar to the medieval ordeal ‘trial by cold water’. A person would be bound and then thrown into a local pond or lake. If they floated they were considered to be rejected by the purity of the water and must therefore be a witch. If they sank they were being accepted into the purity of the water and therefore must be pure of spirit too.
  2. Examination of witch marks. If a needle could be used to pierce a mole or wart without hurting the person it was considered proof that it was indeed a witch mark. If it hurt then it was just a mole or a wart. Matthew Hopkins was known for using a needle that would recede into the handle to give the appearance of piercing the flesh without hurting the person
  3. Torturing the accused by forcing them to stay awake and unfed. They would be kept awake by being ‘walked’ up and down the room when they began to fall asleep. If any animals such as mice or even spiders entered the room when this was happening they could be considered evidence of familiars coming to feed. This however was not often necessary as many people would confess before this happened
269
Q

Why did Matthew Hopkins most likely victimise women?

A

Not because of some negative attitude towards them, but rather because they were easy targets. Old single women would have had very little in terms of possessions and those without families would already be. isolated in their communities

270
Q

What was most likely Matthew Hopkins’ reason for persecuting Witches?

A

Not because he wanted to persecute women, but more likely because he was highly paid for it. One village paid him £23 to rid them of their Witches, and this was a time when the average weekly wage was 2p!

271
Q

How many people are estimated to have been executed for Witchcraft between 1542-1736?

A

1000

272
Q

What was the most common type of execution for Witches?

A

Hanging

273
Q

When, how and why was Witchcraft decriminalised?

A

In 1736, during the reign of George II, a new Witchcraft Act was passed which decriminalised Witchcraft. This was because people no longer believed in Witches due to new knowledge and discoveries. The new act set out much less severe punishments such as fines and imprisonments

274
Q

Through the early modern period and particularly towards the end during the 18th century, did the number of laws introduced increase or decrease? Which type of crime did this particularly apply to?

A

the number of laws introduced increased, and particularly the number of capital crimes (crimes that carry the death penalty)

275
Q

why was the Bloody Code introduced?

A

following the civil war, members of parliament and other rich land owners found themselves having more power and influence on law making. This of course meant that the influence of the monarch on law making was reduced. This new group of influential people wanted to use their power to protect what they had, which was no easy task with the level of poverty in England at that time, especially as theft has been one of the most common crimes since the Roman era! Their answer was to introduce new laws that made seemingly petty crimes punishable by death. The policy of introducing harsh punishments became known as ‘the Bloody Code’ and showed that the Early Modern answer to crime prevention was to use punishment as a deterrent.

276
Q

when did social crimes first become popular?

A

the Early Modern period, particularly during the 18th century

277
Q

what are social crimes?

A

activities that went against the social order. For example, in the 18th century the rich were trying to maintain power and protect their property; social crimes were those that were directly aimed at rich people and stealing their property.

278
Q

name 3 types of social crime that appeared during the 18th century

A
  1. poaching
  2. highway men
  3. smuggling
279
Q

what is poaching? why was it such a problem in the 18th century?

A

poaching is the criminal act of hunting on someone else’s property without permission. The difficulty with this in the 18th century was that, unlike today, it was much harder to define where one man’s land ended and another man’s land began, as farmers did not enclose their land until later in the century. As such people had been hunting for centuries on land and never been told that it was wrong. This meant that when hunting on a landowners land without permission became illegal, normal hunters suddenly became criminals just by continuing to do what they had always done. Many people did not see it as a crime and continued to do it.

280
Q

which Act was passed to try to deal with poaching in the 18th century? What did it do?

A

The 1723 Black Act was passed to try to deal with poaching gangs by making poaching a capital offence.

281
Q

Who were highway men, and who did they target?

A

The Highwaymen were simply men who robbed people who were traveling on the highways. They targeted people who could afford to travel by stagecoach whom they presumed had money to steal.

282
Q

Why did Highway robbery become more common in the 18th century?

A
  • the roads between towns, cities and villages were not policed in any way
  • handguns became easier to use and get hold of
  • horses became cheaper to buy
  • more trade between towns meant more people travelling on the roads
  • if local constables were in pursuit of a highwayman they would not chase him across county boundaries as they only operated in their local area. Highway robbery was seen as a major problem, but the harsh punishments of the bloody code were of no use if you did not catch the criminal. This particular type of crime did encourage authorities to take measures to prevent this crime, rather than just punish them and hope that would deter others
283
Q

describe the measures put in place against highway robbery

A
  1. Justices of the Peace (JPs) would not licence taverns that were known to harbour Highwaymen
  2. major cities like London started to put patrols on the main roads to and from the city
  3. people started to carry less in their carriages. Some actually carried two purses, one with their real valuables and one with some money to give to the highwaymen
284
Q

name a famous highwayman

A

Dick Turpin

285
Q

give 2 contrasting opinions about what highwaymen were like.

A

Highwaymen are often portrayed as being ‘gentlemen robbers’. This suggests that they performed their criminal acts in a polite and civilised way. Other sources however do suggest that the highwaymen were cruel and violent thugs.

286
Q

who was the death penalty introduced for in an effort to clamp down on the activities of highwaymen, and when was this?

A

the death penalty was introduced for anyone found armed and in disguise on a high road in 1772

287
Q

give 2 important contributing factors to the decrease in highway robbery

A
  1. the use of mounted patrols on major roads in the 19th century
  2. the growth of the banking system, as it meant there was less need for people to carry large sums in cash
288
Q

what is smuggling?

A

the process of bringing goods in from abroad without paying any tax duty on them. This made the goods that the smugglers brought in cheaper and more accessible to the people of the towns.

289
Q

name the 4 main goods that were smuggled in the 18th century

A
  1. tea
  2. cloth
  3. wine
  4. spirits
290
Q

what made smuggling seem good in the eyes of the people buying the goods?

A

they were getting goods to people more cheaply, and they were doing this by getting one over on the rich government officials.

291
Q

how did the discovery and colonisation of America affect the crime of smuggling?

A

it led to the crime of smuggling becoming more frequent, as smugglers were able to sail to foreign lands and bring back trade goods that simply could not be purchased in the UK at the time

292
Q

what made it difficult for the authorities to stop smugglers?

A
  • Smugglers tended to work in groups or gangs, which meant that they became formidable groups, almost like a mafia gang for their towns. People who informed on the groups were dealt with violently and quickly
  • smugglers often worked at night. With miles of unpoliced coastline, smugglers could easily find a secluded cove where they could bring goods ashore undetected
293
Q

give an example of a large smuggler gang. when and where did they work, and was the gang caught by authorities?

A

an example of a large smuggler gang was the Hawkhurst Gang. They controlled smuggling along stretches along the south coast of England from 1735-1749. The leaders of this gang were caught and hanged, however in general the authorities still found it very hard to tackle smuggling.

294
Q

why were social crimes so popular (admired by the poorer people)?

A

The key to the popularity of the social criminals is the fact that they were committing crimes that adversely affected the rich and powerful. The average person on the street who would have had very little money would have had no love for the powerful and rich landowners. It would probably have made the average person quite happy to see someone get one over on the rich.

295
Q

what made smugglers so popular in the 18th century?

A

the smugglers were not only getting one over on the rich and powerful, but they were also bringing goods into the country at more affordable prices for the everyday man. This was of course at the expense of the government who were losing out on the tax duty. It was essentially a more up-to-date version of the Robin Hood story: the smuggler who cheated the rich to give cheap goods to the poor. Even members of the upper classes bought smuggled goods, and would help to conceal their activities rather than report them.

296
Q

were highwaymen also as popular as other social criminals?

A

there is little, if any, evidence that the highwaymen benefited the poor, but they were not seen as a threat to the poor as poor people would not have anything that the highwaymen would have wanted.

297
Q

give an example of something that shows the extent of the romanticism surrounding social criminals in the 18th century

A

Social criminals have entered many tales with a very romantic image. They were seen as heroes because they were acting against the unpopular establishment. What these criminals were doing to the rich and powerful was so popular that when tales were told of them new and false information was added about how they did extra good things for the poor. A good example of this is the film Dr Syn, which shows the main character as a feared highwayman who goes out on a mission to steal money to help the people of his village

298
Q

why were the authorities in Britain feeling vulnerable in the late 18th and early 19th centuries? what did this lead to?

A

due to the French Revolution in 1789, the authorities in Britain were feeling vulnerable, and this contributed to them treating those who wanted political change as criminals

299
Q

explain who the Tolpuddle Martyrs were, what happened to them, and why

A
  • in February 1834, in the village of Tolpuddle in Dorset, a farm labourer called George Loveless was arrested. He and 5 others were accused of ‘administering an illegal oath’. They had broken an old law intended to stop sailors in the Navy organising mutinies.
  • however, the real motive for their arrest was to stop their political activities. The men had sworn to do what they could to protect their wages and help each other. They had also formed a ‘friendly society’ (an early trade union). They wanted to protest about their low wages: 6 shillings a week, when the average wage for a farm labourer was 10 shillings a week.
  • Loveless and the other men were sentenced to seven years transportation to Australia. It was the most severe sentence available in an attempt to stop others from forming a union. News of the sentence spread quickly; mass protests were organised in support of the men. A demonstration was held in London which was attended by up to 100,000 people and a petition with over 200,000 signatures was handed into parliament about their harsh punishment. However, it still took 4 years for the government to pardon and release the Tolpuddle Martyrs.
  • they returned home 4 years later to a ‘hero’s welcome’
300
Q

what is a trade union?

A

an organisation that represents workers to protect their rights

301
Q

what is transportation?

A

a form of punishment used in the mid 18th and early 19th century. It involved taking convicted criminals to another country to become slaves for a period of time to foreign landowners. It often involved either farm work or becoming a householf servant

302
Q

why was transportation introduced?

A

the ‘Bloody Code’ which characterised the 18th century was becoming less popular towards the 19th century. Many people felt that the death penalty for most crimes was too harsh and people increasingly felt that the punishment should fit the crime. Prisons however were not a real option. Although prisons did exist there were not many of them in a way that we would understand today. Most towns and villages had holding cells, but these were only a short term solution, often only holding prisoners until their execution. There was not a developed system to hold lots of prisoners on a long term basis. The answer was to transport convicts to another country to serve as slaves. Convicts had been sent to America to serve as slaves in the British colonies for many years, but in the 19th century it became more common to have them sent to the new colony of Australia and it is Australia that has become most associated with transportation.

303
Q

why was Australia used for transportation?

A

following the American War of Independence in the 1770s Britain lost the colonies it had in America. It was no longer possible after 1780 to send convicts to America. Fortunately Captain Cook had discovered Australia in 1770 and the government of Britain decided that this new land should become the new colony for British convicts.
The first colonists arrived in Australia in 1787. They came to Australia on a ship of roughly 1000 people, 72% of whom were convicts. Only 11 members of the original colony were tradespeople capable of setting up the basics needed for a new colony. This colony of roughly 200 free men and women and 700 convicts was left for two years before new colonists came with new supplies and more people

304
Q

what happened to transported convicts?

A

typically if the convict was sentenced to transportation tgey would be sent to Australia for a term of between three and seven years. The sentence did not start until they landed in Australia and began their service to whomever they were attached to. The main problem with this was that the Government would not pay to send people to Australia every week, as it was such a long journey. This meant that convicts were sent to wait on board large ex-navy vessels known as ‘Hulks’. The Hulk ships would act as a floating temporary prison. When the hulk ships were full it would then set sail for Australia. The journey to Australia could take up to 9 months. This could mean that if the convict had to wait three months for the ship to fill and then a further nine months to travel to Australia, they would have effectively added a whole year onto their sentence. Once the convict had arrived in Australia they were sent to work for one of the colonists. This could be either as a servant in their home or someone who would work on their land. They would work for that person for free for the entire term of the sentence. In return for their free slaves it was the responsibility of the colonist to feed and shelter the convict for the time of the sentence. Once the sentence was completed the convict was then free, however if they wanted to return back to England they would have to pay for transport themselves. Unfortunately, as the convict had been working for free, they did not have any money to pay for the transposition back home and many ex-convicts then ended up staying on in Australia and setting up a new life for themselves there. Sometimes their families would even come out to Australia to be with them

305
Q

why did transportation end?

A

transportation ended in 1857 for a number of reasons:

  • many people back in England felt that sending people to Australia was more like a holiday and therefore was too soft as a punishment. In fact when gold was discovered in Australia in 1851 many people wanted to move there and transportation was therefore no longer seen as adequate punishment.
  • certain groups in the Houses of Parliament felt that transportation was not an effective means of decreasing crime and lobbied for the reduction and end to transportation
  • by the 1840s so many people had been sent to Australia that it had become a nation in its own right. The people who lived in Australia, and started to call themselves australians, did not like the idea of England dumping its convicts on them. They campaigned to end transportation
  • following a number of investigations it was determined that a number of convicts were treated violently and suffered on the journey over to australia
  • due to a number of prison reforms that had taken place in England it was now more practical and cheaper to keep people in local prisons rather than transport them
306
Q

in what ways did prisons change during the 18th and 19th centuries?

A

throughout the industrial period the prison system in Britain changed from being a collection of holding cells with the occasional gaol to being a widespread system of correction facilities. The punitive attitudes of the 18th century that had created the bloody code were now changing to attitudes of reform; people wanted to change criminals to become positive members of society rather than just locking them up. This did not happen overnight and involved a number of people and legal changes.

307
Q

name 2 key prison reformers

A
  1. elizabeth fry

2. john howard

308
Q

who is Elizabeth Fry? What changes did she make?

A

most people today have seen Elizabeth Fry but perhaps don’t realise it: she was pictured on the back of the old £5 note. As a Quaker her beliefs were that ‘there is something of God in everyone’. It was this belief that prompted her to want to volunteer to help out in women’s prisons. The conditions in the prison were disgusting and overcrowded, and Fry was disgusted by what she saw.
Most of the jailers were male and unpaid; as a result they abused their position of authority to get money out of the inmates.
Fry spend her time in the prisons trying to educate the women she found and give them new skills. She would have them sewing and knitting garments and would sell them for them to the public. When Fry was not in the prisons she was speaking out about how prisons should be changed and her activities in the prisons made her famous. With her fame she gained a political voice and eventually her ideas about how prisons should be changed were adopted in the 1835 Gaols Act. The main changes were that men and women were separated in prisons and female jailors looked after the women.

309
Q

who was John Howard?

A

Although John Howard was slightly before Elizabeth Fry’s time, his story is very similar. As High Sheriff of Bedfordshire, Howard had the opportunity to inspect the local prisons and was shocked by the conditions that he saw. Howard was responsible for publishing a paper outlining the problems in the British prison system and made the issues widely known. Many of his suggestions for better hygiene, separate cells and rehabilitation were taken on board when the Prison system was reformed, however, unfortunately for Howard, he had died 30 years before the first reforms were put in place.

310
Q

who was Samuel Romiley?

A

Samuel Romiley was a critic of the Bloody Code. In his view it was too harsh and often judges were letting people get away with crimes because they knew that the alternative was death. Romiley felt that by campaigning for more moderate punishments, such as prison, more people would actually end up getting punished. In his lifetime, Romiley campaigned to have the death penalty removed from a number of minor crimes and succeeded with some, such as petty theft and begging

311
Q

what were the key features of the old prison system?

A

since the early 18th century most prisons had been the same way that Elizabeth Fry saw them. They were damp, dirty and everyone was together. They did not have special wings for violent criminals, or less secure areas for fraudsters. Everyone: man, woman, child, lunatic, thief or murderer, was kept together. Another key feature of the old system was that jailers were unpaid. they made their money by charging inmates for their work. You had to pay the jailor to let you into your cell, to unlock your shackles, to give you your food and even to let you out when the sentence was complete. Prisoners depended on their families or charities to give them the money they needed.

312
Q

when and by whom were the first set of prison Reform Acts passed? what did they do?

A

the Home Secretary Robert Peel passed the first set of Reform Acts in the 1820s. These Acts mainly took on board the ideas of people such as Elizabeth Fry and John Howard. These acts stipulated that prisons needed to separate various groups of prisoners, specifically making provision for women to be separated from men. All prisoners were to be well fed and live in healthy conditions. Prisons were to be inspected regularly by the local magistrates. The Act also made it necessary for prisons to have a Governor in charge and for the jailors to be paid staff. Unfortunately this act only applied to the larger prisons in the country and in many cases was ignored, but it did represent the start of a changing system.

313
Q

what was the separate system?

A

this system originated from the idea that if people were taken away from wicked influences then they might become good. As a strong Christian society it was not believed that people were simply born bad, and as such people had to potential to be good if they were separate from others that might lead them astray. This system was essentially permanent solitary confinement. Inmates would be in their cells, they would be alone when they ate, when they exercised in the yard they would wear head gear so that they could not see or speak to other inmates. Even when they went to the chapel, each inmate had their own booth that separated them from the others in the room. For many of the inmates this type of solitary confinement was impossible to live with: more people committed suicide under these conditions, more people had nervous breakdowns and more people became insane as a result of this type of incarceration.

314
Q

give an example of a prison that used the separate system. When was it built and why?

A

Pentonville Prison was built in 1842 as a prototype

315
Q

What was the silent system, and why was it introduced?

A

as the 19th century went on and more reforms were introduced to improve the conditions for prisoners attitudes began to change again. The years of the bloody code had meant that people felt punishment was too harsh and something needed to be done. Prison reform was the answer to these changing views, however over time people began to feel that prison was becoming a soft option and more needed to be done to ensure it was seen as a punishment. The Silent System was designed to do this. Prisons became a period of ‘Hard Labour’, ‘hard fare’ and ‘hard board’. This meant that inmates were locked in their cells and given basic food and sleeping conditions. Any work or hard exercises had to be done in silence.

316
Q

what were prisons for children like in the 19th century?

A

the 19th century ideas of reforming prisoners rather than punishing them were especially important with children. Children were removed from the general prison population and given their own specific types of prison, the first of which was set up in Borstal and these types of juvenile prisons have been referred to as Borstals ever since. These were essentially high security boarding schools where the students were expected to learn new skills but live in conditions similar to prison.

317
Q

who were the Bow Street Runners, and when were they set up?

A

The Bow Street Runners (1754) were a group of constables who operated out of Bow Street Magistrates Court in London under Sir John Fielding. Constables in the inner London area were very much like hired security guards and had very little training. Fielding made a point of having his men trained, uniformed and well-paid to motivate them to do their job properly. The Magistrates Court in Bow Street became a base of operation for this group of constables, almost like their own police station, and it was this location that gave them their name. The draw back with this group was that they were limited to a small number of constables and only operated in a small area of central london.
They were the first modern detective force.

318
Q

what was the significance of the Bow Street Runners?

A

the Fielding brothers’ approach was innovative in a number of ways:

  • their objective was to deter criminals by increasing the chances of them being caught and successfully prosecuted
  • they organised regular foot and horse patrols, by paid constables, along major roads
  • they understood the importance of collecting and sharing information about crime and suspects with other law enforcers
319
Q

when was the Metropolitan Police Act?

A

1829

320
Q

who were the metropolitan police? why were they introduced?

A

the Metropolitan Police were the first official police force based in London. The idea this well-trained and organised police force was inspired by the work of the Bow Street Runners. The mixture of part-time constables, watchmen and Bow Street Runners was not sufficient to deal properly with law and order.

321
Q

why was there strong opposition to the idea of a consolidated police force?

A
  • some people were worried about their personal freedoms and privacy
  • some doubted it would really make a difference to law and order
  • opponents thought it would be expensive to fun
322
Q

what are some factors that contributed to the introduction of the first police force?

A
  • there was an increasing fear of crime from the middle and upper classes, and these were influential people
  • the old system of watchmen and constables were not sufficient to prevent crime in Industrial London. Watchmen were accused of spending too long on their post and not enough time on the beat; some who had been at the same post for many years were even thought to take bribes. The local constables were only in their job for a year at a time and many saw it as a duty they had to do and get it over with, not something they really cared about
  • following what had happened in France in the 1790s people (mainly those in positions of power and from the aristocracy) were afraid of revolution and wanted a force in place to prevent this sort of thing from happening
  • as the population increased and people began to be crammed into the large cities like London, it was felt that these places were becoming breeding grounds for criminals
  • central government was having increasing involvement in local policy involving crime and punishment and they felt that a centrally organised police force would be more effective than only a local system. The Home Secretary Sir Robert Peel felt that a police force was needed and he had the skills and authority to make it happen
323
Q

what were the initial reactions to the police force?

A

when the police force was set up the general public did not like them. This was mainly because there had been nothing like this before and people felt that the police were like snitches or informers. Having uniformed men on the streets looked a little too much like having soldiers in the streets and this felt like people were losing their civil liberties and being controlled by the government. Peel tried to combat this by dressing the ‘Peelers’ (as they were known, or ‘bobbies’ after Peel’s first name, Robert) in all blue. The idea was to make them look the opposite of the military red coats. In the early days of the force on of the main problems with the constables was drunkenness. 80% of all dismissals were due to drunkenness and this of course did little to help the police with their public image

324
Q

how + why did attitudes change towards the police?

A

over time, and due to multiple factors, the popularity of the police force did increase. It is important to realise that much or the initial distrust of the police was because they were a new part of society and as time went on people simply got used to them. There were however some factors that helped people to change their attitudes towards the police:

  • police were trained not to react to insults such as ‘blue devils’, and Peel viewed it as essential that the police officers had a good manner with the public
  • crime rates were seen to fall after the police were introduced. People began to feel that they were doing what they were supposed to do and this helped people to begin to trust them.
  • the police did not inform on the public and did not affect the civil liberties of the general public. This was one of the main fears and once people were confident that this would not happen they began to trust the police
  • the police were used to keep order at the Great Exhibition (1851) an event designed to show off he best of british ingenuity from throughout the Empire. The event went very well and the police were publicly seen to be doing a good job
325
Q

when was England’s first professional police established, and how?

A

in 1829, England’s first professional police force was established in London. The Metropolitan Police Act gave London a uniformed police force. 17 districts across London each had its own police division, with 4 inspectors and 144 constables.

326
Q

describe the developments in police forces 1829-56

A

improvements in policing outside london were slow and developments were slow to take effect. Reasons for this slow pace of change include:

  • public concern about potential cost involved
  • no co-operation between areas
  • development was optional, so many local areas didn’t bothermp
327
Q

describe the developments in police forces between 1856 and 1900

A

the 1856 Police Act meant that all areas now had to have a professional police force that was centrally controlled. All police forces were now inspected and received financial grants if they were found to be effective.
In 1869, the first National Crime Records were set up. This saw the use of new technology in policing. Telegraph communications meant that different police forces could now communicate quickly and effectively to share information about crimes and suspects.

328
Q

when and how was the Criminal Investigations Department set up?

A

in 1842, a regular detective branch was established at Scotland Yard with 16 officers. They focused on investigating crime and wore ‘plain clothes’. Later in 1878, the Criminal Investigations Department (CID) was set up. This employed 200 detectives. The CID developed new methods of detection.

329
Q

when was the Municipal Corporations Act?

A

1835

330
Q

what did the 1835 Municipal Corporations Act do?

A

it gave borough councils powers to set up a local police force

331
Q

what was the impact of the 1835 Municipal Corporations Act?

A

Only 93 out of 171 had done so by 1836

332
Q

when was the Rural Constabulary Act?

A

1839

333
Q

what did the 1839 Rural Constabulary Act do?

A

it allowed the 54 counties to organize a paid police force in their area. JPs were given powers to appoint chirf constables and employ one police constable per 1,000 population

334
Q

what was the impact of the 1839 Rural Constabulary Act?

A

only 36 counties had done so by 1850

335
Q

when was the Police Act?

A

1856

336
Q

what did the 1856 Police Act do?

A

it forced the entire country to set up local police forces

337
Q

what was the impact of the 1856 Police Act?

A

the start of the modern police service

338
Q

who was Robert Peel?

A

he was Prime Minister from 1834 to 1835, and later from 1841 to 1846. Prior to this, he had been Home Secretary in 1822-27 and 1828-30.

339
Q

what did Peel advocate for?

A

a system aimed at preventing crime and reforming criminals, rather than focusing on punishments as a deterrent

340
Q

what did Robert Peel do?

A
  • he reformed the penal code by reducing the number of crimes punishable by death by 100
  • he also reformed the prisons
341
Q

which Act did Peel persuade parliament to pass?

A

the 1823 Gaols Act

342
Q

Peel persuaded parliament to pass the 1823 Gaols Act. What did this do?

A

it meant that:

  • prisoners should receive regular visits from prison chaplains
  • gaolers should be paid (so they don’t need to take money from prisoners)
  • female prisoners should be watched over by femaler warders
  • prisoners were not to be held in chains or irons
343
Q

what was the effect of the 1823 Gaols Act?

A

its measures brought some improvement but had limited effect: there was no official prison inspectorate until the 1853 Prison Act was passed.

344
Q

what did Peel and his police commissioners do to reduce opposition to the police?

A

they drew up and issues clear guidelines to all new police recruits

345
Q

what were the guidelines that the police commissioners drew up and issued to all the new police recruits in an attempt to reduce opposition to the police?

A
  1. the basic mission for which the police exist is to prevent crime and disorder
  2. the ability of the police to perform their duties is dependent upon public approval of police actions
  3. police must secure the willing cooperation of the public in voluntary observance of the law to be able to secure and maintain the respect of the public
  4. the degree of co-operation of the public that can be secured diminishes proportionately to the necessity of the use of physical force
  5. police seek and preserve public favour not by catering to the public opinion but by constantly demonstrating absolute impartial service to the law
  6. police use physical force to the extent necessary to secure observance of the law or to restore order only when the exercise of persuasion, advice and warning is found to be insufficient
  7. police, at all times, should maintain a relationship with the public that gives reality to the historic tradition that the police are the public and the public are the police; the police being only members of the public who are paid to give full-time attention to duties which are incumbent on every citizen in the interests of community welfare and existence
  8. police should always direct their action strictly towards their functions and never appear to usurp the powers of the judiciary
  9. the test of police efficiency is the absence of crime and disorder, not the visible evidence of police action in dealing with it.
346
Q

name 6 crimes that changed/appeared in the period c1900 - present

A
  1. homophobic crime
  2. race crime
  3. domestic violence
  4. abortion
  5. driving offences
  6. drug taking
347
Q

which legislation was involved in criminalising homophobic crime?

A

Up until 1967, homosexuality was illegal in the UK. In that year, the Sexual Offences Act decriminalised homosexuality for men over 21.
The Criminal Justice Act of 2005 gave courts new powers to issue more severe sentences for hate crimes. This means that such an attack would be classed as more serious by the authorities.

348
Q

what is a hate crime?

A

a crime motivated by prejudice against the victim’s race, gender, disability or sexual orientation

349
Q

When, how and why was race crime criminalised?

A

In the 1950s, many people from Commonwealth countries moved to Britain to work. As Britain became more multicultural, new laws were needed to ensure everyone was treated fairly. In 1968, the Race Relations Act made it illegal to refuse jobs, housing or public services to anyone on the basis of their race, ethnic background or country of origin. Due to increasing immigration, this law was extended in 2006 to define spreading racial or religious hatred as a crime.

350
Q

how did attitudes towards domestic violence change between the 19th and 20th centuries?

A

In the 19th century, the common view was that men were the dominant partners in relationships (this was also reflected in the law). If they were violent towards their wife or partner that was their personal business and the authorities had no place ‘interfering’!
However, during the 20th century, these ideas changed. The campaign for women’s votes, women’s contribution to the first and second world wars, and the 1960s campaign for equal rights for women all influenced the views of society. It was now believed that new laws were needed to tackle violence and intimidation between people who are, or had been, in a relationship.

351
Q

describe 4 pieces of legislation relevant to criminalising domestic violence.

A
  1. the 1976 Domestic Violence Act: enabled victims to get protection orders from the courts
  2. 1991: rape within marriage classed as a criminal offence in England and Wales for the first time
  3. the 1996 Family Law Act gave extra protection to victims of violent partners and made arrest automatic in cases where violence was used or threatened
  4. the 2004 Domestic Violence and Victims Act gave all victims (male and female) the same protection
  5. 2014: controlling and coercive behaviour (using force or threats) towards a partner became a crime
352
Q

When was abortion illegal until? What did this mean for women until then?

A

until 1967, terminating a pregnancy was illegal in Britain, with a few exceptions for strict medical reasons. If a women wanted to end a pregnancy for other reasons, she would have to pay for a dangerous ‘backstreet abortion’, carried out by someone without proper medical training. Some women tried to end their pregnancies themselves, using alcohol, wire coat hangers or poisons, all of which were very dangerous to the woman’s health and some of which led to their death

353
Q

what did the 1967 Abortion Act do?

A

it legalised abortion if certain conditions were met:

  • the child was going to have serious disabilities
  • the mother was at risk of serious physical or mental harm if the pregnancy continued - this had to be agreed by 2 doctors independently
354
Q

when was the legal (weeks of pregnancy) limit for abortion in 1968? why? what has this changed to since then?

A

in 1968, the legal limit for abortion was 28 weeks, as babies born earlier did not survive. However, with advances in medicine this has been lowered to 24 weeks.

355
Q

when did driving a horse-drawn coach while drunk become a crime?

A

1872

356
Q

when did it become illegal to drive a car while drunk?

A

1925

357
Q

what did the law about driving offences in 1967 do?

A

it set a maximum limit for the amount of alcohol a person could have in their bloodstream and legally drive.

358
Q

how did attitudes to drink-driving and speeding change?

A

despite the laws against it, it was still considered normal to drive home after consuming large quantities of alcohol as late as the 1970s! Public attitudes towards this crime were lenient. Today drink-driving is generally condemned by the public due to government advertising campaigns since the 1970s.
Attitudes towards speeding have also changed over time, for similar reasons.

359
Q

when did many drugs become illegal? what is the debate around criminalising drug use?

A

many drugs became illegal in 1971 when the Misuse of Drugs Act was passed. Some people think taking drugs should be a personal choice as long as it doesn’t harm others. Others argue that legislation is needed to help tackle crimes associated with illegal drug-dealing, including sex-trafficking and gang-related violence.

360
Q

give 4 examples of terrorism

A
  1. Guy Fawkes and the Gunpowder Plot
  2. the IRA
  3. Al-Qaeda and 9/11
  4. Isis e.g. Barcelona, Paris and London
361
Q

what is people-trafficking? Is it a new crime?

A

people trafficking involves people from poorer countries being brought to the UK and being forced to work for no or very low wages. Some women and children are forced into prostitution.
This is not a new crime. In the 19th century poor girls were sold into prostitution. In the 1830s, the term ‘white slave trade’ was used to describe this crie

362
Q

give 3 examples of cybercrime

A
  1. fraud
  2. copyright theft
  3. extortion
363
Q

what is fraud, and how has it changed?

A

fraud means impersonating other people or businesses to make money illegally. In the past, this would have been done by approaching an individual and tricking them into revealing their details. Today, it can be done by sending an email to a large number of people, and hoping they can hack their technology to access personal data like bank details and passwords.
The crime of fraud is the same, the method has changed!

364
Q

what is fraud, and how has it changed?

A

fraud means impersonating other people or businesses to make money illegally. In the past, this would have been done by approaching an individual and tricking them into revealing their details. Today, it can be done by sending an email to a large number of people, and hoping they can hack their technology to access personal data like bank details and passwords.
The crime of fraud is the same, the method has changed!

365
Q

What is copyright theft, and how has it changed?

A

copyright is the right of an artist or company to be recognised and paid for their work. In the 21st century, copyright theft is committed when people make available illegal downloads of music, computer games, films and TV shows.
Before the development of technology, copyright theft could involve making a photocopy, or a cassette or video recording, without paying the creator.

366
Q

what is the crime of extortion? how has it changed?

A

extortion involves making someone pay money by using threats or blackmail. Nowadays, the internet enables criminals to make their threats on a wider scale. Some criminals extort money by threatening to hack businesses’ computer systems and databases unless they pay. In the past, this may have been done using letters, the telephone, or in person.

367
Q

what was policing like in Britain in 1900?

A

every area across Britain had its own police force. The 200 separate forces had no central records on crime or criminals, and rarely shared information. The main job of the police was ‘walking the beat’

368
Q

how did policing change during the 20th century?

A
  • women were first recruited to join the police in the 1920s
  • there was a greater emphasis on training. In 1947, the Police Training College was set up to train new recruits. Previously, you had had to learn on the job!
  • increased use of science and technology
  • more specialised departments and roles for police officers
  • a move towards more crime prevention
369
Q

what developments were made in policing during the 1900s

A
  • in 1901, Fingerprint Branch is set up at the Metropolitan Police Headquarters at New Scotland Yard. The National Fingerprinting System keeps a record of fingerprints from everyone arrested, creating a database which all forces can use to identify criminals.
  • the fact that there are different blood types is discovered in 1901. Police can now use blood samples from crime scenes to identify criminals
  • improved microscopes made it possible to find smaller quantities of blood at crime scenes to use as evidence
  • photography is used to record crime scenes
  • in 1909, police bicycles are introduced, allowing officers to pursue criminals more quickly
370
Q

describe the developments in policing that are made in the 1930s

A
  • police cars become quite common. Two-way radios are installed in cars for better communication with the station and other officers
  • 999 emergency telephone number is introduced in 1937
371
Q

what development in policing was made in 1960s?

A
  • the Metropolitan Police first used computers to process payroll and pensions
372
Q

what development in policing was made in 1980?

A

the Police National Computer is launched. Capable of holding the records of 25 million individuals

373
Q

what development in policing was made in 1988?

A

the first murder convictions based on DNA samples from the victim and the accused were made. DNA can be identified in tiny quantities of hair, skin, or bodily fluids.

374
Q

what development in policing was made in 1995?

A

the National Automatic Fingerprint Identification System and National DNA Database were set up to share information that can be used to identify criminals

375
Q

which 4 crime prevention methods have been introduced wince 1900?

A
  1. breathalysers and speed cameras
  2. closed circuit television (CCTV)
  3. mass video surveillance
  4. biometric screening
376
Q

when were breathalysers and speed cameras introduced? What effect did they have?

A

breathalysers were introduced in 1967 and enabled traffic police to test drivers’ blood alcohol level at the roadside. Speed cameras were introduced in 1992. These inventions made it possible to catch more criminals drink-driving and speeding, and act as a deterrent

377
Q

what effect does CCTV have on crime?

A

it acts as a deterrent - people are less likely to commit crime if they know they are being filmed

378
Q

what does mass video surveillance allow us to do?

A

computer software allows private companies to analyse large amounts of footage and forecast acts of terrorism and other crimes.

379
Q

what does biometric screening do?

A

it uses unique body characteristics, like fingerprints or eye patterns, to restrict access to data, places and buildings

380
Q

which 4 developments have affected the way we solve crime since 1900?

A
  1. improved communications
  2. forensic science
  3. data management
  4. improved computer software
381
Q

how has forensic science improved the way we solve crime?

A

forensic teams carry out highly detailed searches at crime scenes, looking for evidence such as DNA, fingerprints and objects left by criminals. DNA and fingerprint samples can be matched to criminals’ records on the national databases.

382
Q

What is data management? give an example

A

data management is used to store and share information about crime: e.g. the National DNA Database held records of 5.7 million individuals’ DNA profiles in 2015

383
Q

how has improved computer software made it easier to solve crime?

A

new software can rapidly analyse video data to identify criminals. This would have taken far longer when a police officer had to watch the video in real time.

384
Q

give an example of a new unit/department that was set up to deal with the emergence of a new type of crime. When was it set up?

A

the National Hi-tech Crime Unit was set up in 2001 to tackle online crimes, including hacking, credit card fraud and virus attacks

385
Q

since what year has the major crime prevention work been dealt with by specialist national squads?

A

1945

386
Q

give 4 examples of specialist national police squads, and state which year they were set up

A
  1. The Fraud Squad (1946)
  2. The Anti-Terrorist Squad (1971)
  3. The Special Patrol Group (1965 - renamed in 1987 the Metropolitan Patrol Group) - which deals with inner city riots and disturbances and threats to public order
  4. dog handing units (1946)
387
Q

what did the setting up of Neighbourhood Watch schemes do? Which other time period is this comparable to and why?

A

The setting up of Neighbourhood Watch schemes involve local people in crime prevention. This is comparable with ways used to combat crime in the 15th century, which made local communities responsible for the behaviour of their neighbours and reporting crime - the difference is that the modern scheme is completely voluntary

388
Q

what did the setting up of Neighbourhood Watch schemes do? Which other time period is this comparable to and why?

A

The setting up of Neighbourhood Watch schemes involve local people in crime prevention. This is comparable with ways used to combat crime in the 15th century, which made local communities responsible for the behaviour of their neighbours and reporting crime - the difference is that the modern scheme is completely voluntary

389
Q

what are the positives of the Neighbourhood Watch?

A
  • the scheme encourages local people to take an active part in making their community safer
  • the police rely on local co-operation - they can’t police effectively without community support
  • it’s very effective at making people feel safer and less vulnerable
  • it works well for tackling problems like anti-social behaviour
390
Q

what are the negatives of the Neighbourhood Watch?

A
  • most groups are in wealthier areas that don’t suffer from a lot of crimes. Neighbourhood Watch schemes don’t exist in the areas with high crime rates where they’re really needed
  • neighbourhood watch members tend to be mostly older people. Some people believe that they just want an opportunity to be nosey neighbours, and they don’t represent the whole community.
  • The scheme could be said to be an excuse to underfund the police service. It relies on unpaid volunteers doing jobs the police should be doing
391
Q

who are PCSOs?

A

police community support officers

392
Q

what do Police Community Support Officers (PCSOs) do?

A

PCSOs have a particular focus on crime prevention. For example, they work on stopping anti-social behaviour and reducing crime. They can confiscate alcohol and remove abandoned vehicles. Their work is intended to help cut down on the factors that often lead to crime.

393
Q

describe the events leading up to the abolition of the death penalty

A
  • despite being the ultimate punishment for hundreds of years, execution in Britain was declining from the late 1700s
  • the abolition of the Bloody Code in the 1830s meant that only murder and treason were punishable by death
  • in 1868 public hanging ended
  • after 1840 there were around 15 executions a year - all for murder
  • attempts to abolish capital punishment altogether failed
  • parliament voted against abolition in 1848, 1849, 1850 and 1928.
  • in 1947 the House of Commons voted for abolition, but the House of Lords threw it out. Exactly the same thing happened in 1956
  • in 1908 people under 16 were no longer hanged
  • in 1933 people under 18 could no longer be hanged
  • in 1957 hanging was abolished for all murders except:
    <> murder of a police or prison officer
    <> murder by shooting or explosion
    <> murder while resisting arrest
  • as a result, executions in Britain fell to an average of only four a year - all for premeditated murders
  • in 1969 the death penalty was abolished for murder
  • in 1998 the death penalty was abolished for treason, the last remaining crime you could be hung for
394
Q

what happened in 1965?

A

In 1965 many people wanted to abolish execution altogether - but opinion was divided. In 1965, the Murder Act suspended the death penalty for murder for 5 years

395
Q

when was the decision to abolish the death penalty made permanent?

A

the decision was made permanent with an amendment to the Murder Act for 5 years

396
Q

when was the death penalty completely abolished and who by?

A

Jack Straw (Home Secretary) finally abolished the death penalty in the UK in 1998

397
Q

name 3 controversial executions, and give dates

A
  1. Timothy Evans, 1950
  2. Derek Bentley, 1953
  3. Ruth Ellis, 1955
398
Q

what was Timothy Evans executed for and when? Why was it controversial?

A

He was hanged for killing his wife and baby in 1950. Later evidence revealed that another person living in the same flats had really committed the murders. Evans was pardoned in 1966.

399
Q

Why was Dereck Bentley executed? why was it controversial?

A

19 year old Bentley was found guilty of armed robbery in which a policeman was shot dead by Bentley’s partner Craig. Because Craig was only 16 he was not executed. Bentley also had learning difficulties that gave him a mental age of 10, but he was 19 so he was hanged in 1953. He was pardoned in 1998.

400
Q

why was Ruth Ellis executed? why was it controversial?

A

she had suffered violent abuse by her boyfriend who she eventually murdered. A petition for leniency was ignored. The jury had to sentence her death as there was no alternative. She was the last woman to be hanged.

401
Q

give 4 different opinions about capital punishment

A
  1. if you murder someone you deserve to die
  2. it gives justice to the victim’s families
  3. capital punishment does not deter murderers
  4. what if the wrong person is convicted by mistake?
402
Q

what is the cost of keeping someone in prison for a year?

A

around £40,000

403
Q

when did mentally ill prisoners start to be treated separately to other prisoners? What was the outcome of this?

A

they started to be treated separately in 1896. A result of this was that Broadmoor Hospital was opened

404
Q

when was hard labour ended in prisons? what did this mean?

A

hard labour was ended in 1902. This meant that there were no more treadwheels in prisons

405
Q

when did alternatives to prisons start to be used? what did this mean?

A

alternatives to prisons were first used in 1907. This meant that probation officers had to be employed to check on offenders living outside of prison

406
Q

when (in the period 1900-now) was there an increased focus on prisoner welfare? what were the practical outcomes of this?

A

there was an increased focus on prisoner welfare in 1922. This meant that:

  • the separate system of prisoners ended
  • new initiatives to improve conditions
  • educational opportunities introduced
407
Q

when was there a new focus on preparing prisoners for life after serving their sentence? what were the practical outcomes of this?

A

here a new focus on preparing prisoners for life after serving their sentence in 1933. this led to the first open prison at New Hall, Wakefield. Open prisons offered a more relaxed regime. Prisoners were allowed out on day release to work and prepare for reintegration into society

408
Q

when were separate prisons established for children?

A

1908

409
Q

when, where and why were borstals set up? What were borstals, and what was their aim?

A

the first borstal was set up in Kent in 1902. This was a prison for boys only. Its only purpose was to keep young convicts away from older criminals. In 1908, the Prevention of Crime Act created a national system of borstals. These institutions were to emphasise education rather than punishment. The day was very structured and disciplined.

410
Q

when was the borstal system abolished? what was it replaced with?

A

in 1982, the Criminal Justice Act abolished the borstal system and replaced them with youth custody centres

411
Q

what are some changes that have been made to prisons since 1900?

A

they had more functions such as officers trained to re-educate prisoners. There were ‘open’ prisons for less dangerous criminals. Some prisoners went on probation instead of straight inside.

412
Q

describe some alternatives to prison that are now in use

A

community sentences are now often used, like drug or alcohol treatments, community projects (service), and charity work. Electronic tagging and ASBOs are other changes.

413
Q

what is an Anti-Social Behaviour Order (ASBO)?

A

a court order that places restrictions on what a person can do, e.g. where they can go or who they can talk to. They are usually issued to people who repeatedly behave in an anti-social way

414
Q

what is restorative justice?

A

where a criminal meets the victim of their crime, or a relative, to talk about what they have done and understand the impact it has had on others

415
Q

what is community service?

A

people convicted of minor offences are ordered to do supervised work to improve their local community

416
Q

what is electronic tagging?

A

the court orders a person convicted of a crime to wear an electronic tag. Using the tag, they monitor the criminal’s movements. Although the person is not in prison, their movements and activities can be strictly controlled

417
Q

why weren’t there conscientious objectors before the 20th century?

A

in wars before the 20th century, professional armies were mostly made up of volunteers. This meant that no one who was opposed to war was forced to fight. Anyone objecting to war simply avoided joining up

418
Q

who are Conscientious Objectors?

A

people who have religious, moral or political objections either to all wars or, less commonly, a particular war

419
Q

what are some religious reasons for conscientious objection?

A

some religious groups, most famously the Quakers, are opposed to all war. Some Christian groups point out that the Ten Commandments in the Bible includes the phrase ‘Thou shalt not kill’, and that Jesus Christ advised his followers to ‘turn the other cheek’ when attacked

420
Q

who are pacifists? what do they believe?

A

pacifists are people who believe that all war is morally wrong. They believe that war never solves problems but it creates new ones, leading to yet another war.

421
Q

why might someone become a conscientious objector for political reasons?

A

socialists and communists see most wars as being fought to protect or increase the wealth of big companies - so they may refuse to fight in such wars

422
Q

why did conscientious objectors become a problem?

A
  • opposition to war became a serious political and criminal issue in Britain in the 20th Century with the introduction of conscription (compulsory military services) for both the First and Second World Wars
  • both of these were ‘total’ wars. They were so big that the government felt it necessary to involve the whole of society in the war effort
  • this meant that the state introduced a new law stating that everyone within a certain age group who was fit and healthy and not working in a job that was essential to running the country (such as farming or mining) was legally obliged to fight in one of the armed forces
  • conscription was first introduced in 1916 because there were not enough people choosing to join the army, navy or air force
  • unlike some other European countries, when the First World War ended so did conscription in Britain, but once the Second World War began in September 1939, conscription soon followed in October. This meant that during these periods of conscription, people who refused to fight were breaking the law and could therefore be punished
423
Q

what are some of the legal and moral questions raised by the introduction of compulsory military service?

A

[] on the one hand, it can be argued that a democratically elected government passes laws for the good of the people as a whole - in which case everyone should obey the law even if they object to it
[] however there is also the question of individual conscience:
- what if the law goes against some fundamental moral, political or religious belief held by that individual?
- does the individual have the right to disregard a law that goes against their views?
- in particular - what if the state asks you to kill someone else by getting you to fight in a war?

424
Q

give an example of a significant group of people who objected to war. What did they do?

A

one significant group of people who objected to war were the Quakers (Society of Friends). They helped to organise the No-Conscription Fellowship - who tried to hold meetings and give support to those who wished to object to the law - their meetings were often violently broken up by the police and members of the public who, influenced by government propaganda, saw COs as cowards or even traitors

425
Q

when was conscription introduced in WW1? What was the view of the law that introduced it on conscientious objectors?

A

Conscription was introduced in 1916. The law that introduced it included a clause which was put in at the insistence of Quaker MPs - that those who objected to military service on the grounds of conscience could be excused. Despite this though, men who refused military service at this time were sometimes imprisoned and often treated harshly by their community

426
Q

how was it decided which people could be excused military service in WW1?

A

special ‘courts’ known as military tribunals were set up to see which people could be excused military service. These tribunals were made up of army officers and local middle class people such as doctors and clergymen. The military tribunals had the power to decide whether, in their opinion, the conscientious objectors had ‘genuine reasons’ for objecting to being involved in the war. If the tribunals accepted the reasons the COs were given exemption certificates, however only 400 COs were given complete exemption on the grounds of conscience

427
Q

how many men refused to fight in WW1 for reasons of conscience?

A

16,000

428
Q

what were the majority of COs known as?

A

‘alternativists’

429
Q

who were ‘alternativists’?

A

the alternativists refused to do anything to kill or injure anyone - but were prepared to take part in the war in alternative ways by doing non-combatant war work such as driving ambulances or being stretcher-bearers. Several COs won medals for bravery in carrying out their duties at the front

430
Q

why did the government have to set up its own work camps for COs?

A

many employers refused to give jobs to such people and in the end the government had to set up its own work camps, such as quarries where COs crushed stone for use in road repairs

431
Q

how many conscientious objectors refused to do anything to assist with world war 1?

A

about 1,500 COs refused to do anything to assist in a war which they felt was fundamentally wrong

432
Q

what were absolutists?

A

conscientious objectors that refused to assist in the war in any way

433
Q

how were the absolutists treated/punished in WW1?

A
  • these ‘absolutists’ were treated as criminals and sent to prison - often military prisons at first
  • they received very harsh and often brutal treatment from the prison wardens - and were usually forced to do hard labour
  • some were taken to France forced into military uniforms and threatened with execution if they did not obey military orders in a war zone
  • when this failed to change their minds, they were sent back to civilian prisons in Britain, or kept in military prisons in France - where punishments were often extremely brutal.
434
Q

how many absolutists died in prison/had mental breakdowns during the first world war?

A

10 COs died in prison and another 63 died shortly after their release. In addition 31 had mental breakdowns (often as a result of being put into solitary confinement)

435
Q

what happened to conscientious objectors after WW1?

A
  • all conscientious objectors were denied the right to vote for 5 years and many found it impossible to get jobs
  • some were beaten up when they returned home
  • some COs and their families were isolated by friends and neighbours. Some received hate mail or white feathers as a symbol of cowardice
436
Q

why were there more conscientious objectors during the second world war?

A

as the full horrors of WW1 emerged, many people turned to pacifism in the inter-war period. Such people included those who had previously won medals for bravery but who came to see the war as horrifically wasteful and not the best way of solving disputes.

437
Q

how did the treatment of COs change in WW2?

A
  • the government made more of an effort to give COs jobs in farming or industry
  • it was rare for them to be sent to prison
  • as in the First World War, tribunals were set up to decide if people had legitimate reasons for refusing to be conscripted. This time though they were different - the military were not allowed to sit on them and the membership had to be representative of all social classes
438
Q

how many conscientious objectors were there in the Second World War?

A
  • in all, 59,192 people (including women) claimed exemption
  • all except 12,204 were given complete or partial exemption - most of them were associated with the Central Board for Conscientious Objectors or the Quakers (Society of Friends) and co-operated with the authorities
439
Q

how many conscientious objectors did work in factories or on the land during WW2?

A

about 29,000

440
Q

What was the Peace Pledge Union?

A

a union that was opposed to war and which tried to encourage people not to fight in WW2. People that were a part of it tended to refuse to do any war-related activity - but unlike the treatment of COs during the First World War, the authorities were reluctant to send such people to prison

441
Q

why would harsh punishments against COs have been seen as hypocritical during the second world war?

A

In the second world war people were being asked to unite against Hitler as a tyrant, and Nazism as a movement that persecuted minorities. In this context, harsh punishments for COs would have been seen as hypocritical.

442
Q

did the attitudes of the general public change towards conscientious objectors change between WW1 & 2? How did this affect COs?

A

no - although government attitudes towards the COs changed between the wars, the attitudes of the general public changed very little - and some members of the public were very hostile. COs were accused of being cowards and traitors - to their faces and in the newspapers. Some COs were physically attacked, others were sacked from their jobs

443
Q

how many protestors met on the night of Dereck Bentley’s execution? where did they meet?

A

on the night of the execution, 5,000 protestors met outside Wandsworth Prison.

444
Q

How and when was Dereck Bentley Pardoned?

A

Dereck Bentley’s family used to media to promote their cause, and through songs, films and books his case became widely known. The Bentley family campaigned for over 40 years. Dereck Bentley was eventually pardoned in 1993, and in 1998 the conviction for murder was quashed!

445
Q

what was the impact in parliament of the Dereck Bentley case?

A

David Maxwell Fye, the home secretary at the time of the Bentley trial, declared: “there is no possibility of an innocent man being hanged in this country.”. Nevertheless, 200 MPs supported a parliamentary motion calling for Bentley’s reprieve, but before they could debate the motion the death sentence had been carried out.
In 1957, significant changes were made to the law regarding murder. The Homicide Act made allowances for defendants suffering from diminished responsibility (not being fully in control of your actions, for example, because of a mental illness) or who had been abused by the person they murdered. In these cases, the murder charge would be reduced to manslaughter, which was not punishable by death. In 1965, the death penalty for murder was suspended, and this change was made permanent in 1969.

446
Q

who was the victim of the Dereck Bentley case?

A

Sidney Miles, policeman, who was shot during the attempted burglary

447
Q

who was Christopher Craig?

A

accused along with Dereck Bentley, he was 16 years old and fired the gun that killed the policemen. As he was under 18 and therefore could not be hanged, he was sentenced to a long prison term.

448
Q

why was pentonville prison built?

A

Pentonville Prison was built to keep prisoners separate. It was the first prison to do this. Prisoners stayed in separate isolated prisons up to 23 hours a day.

449
Q

what was the separate system in Pentonville intended to do?

A
  • give prisoners solitude so they could reflect on what they had done wrong
  • ensure prisoners were not influenced by other criminals
  • deter people from committing crimes because of the serious nature of the punishment
  • ensured the criminal ‘paid’ for their behaviour and crime(s) they had committed
450
Q

what was the Pentonville Prison building like?

A
  • there were 5 wings. Each could accommodate up to 520 prisoners
  • the cells were small with only one small window high up to let in a little natural light. The window had thick glass with iron bars to protect it
  • there was heating & a ventilation system and there was piped water to each cell. This comfort was added to ensure the prisoner did not need to leae their cell
451
Q

what were the living conditions like in Pentonville Prison?

A
  • it was isolated and their work was boring and repetitive
  • they were allowed out to do exercise but had to wear masks so they could not communicate
  • due to isolation many developed mental conditions. Some committed suicide
452
Q

how did reforms and change affect the prison system?

A

reformers like Elizabeth Fry said prisoners needed to be able to talk about what they had done. The 1923 Gaols Act by Robert Peel also improved conditions. It said that prisoners:

  • had to receive visits from chaplains
  • they couldn’t be in chains
  • female prisoners had to be watched by female guardsm
453
Q

What is habeas corpus? When was it introduced?

A

a writ requiring a person under arrest to be brought before a judge or into court, especially to secure the person’s release unless lawful grounds are shown for their detention. It was introduced in 1679