crime and punishment Flashcards

1
Q

what is treason

A

To betray or plot against the government or monarchy.

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2
Q

what is Rehabilitation or reform

A

This was when the punishment given to someone was intended to help improve their character and give them the opportunity to contribute positively to society. Examples include prison and community service.

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3
Q

what were the most common crimes in anglo Saxon England against property

A

petty theft
ploughing someone else’s land
poaching
counterfeiting coins
arson

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4
Q

what were the most common crimes agianst the person in anglo Saxon England

A

murder
assault
insulting a neighbour
public disorder

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5
Q

what is a tithing

A

A group of ten male adults. If one member of the ten broke the law, it was the responsibility of the others to catch the culprit and take him to court.

A tithing system was used and every male villager over the age of 12 would join the tithing.

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6
Q

what is trial by local jury in anglo Saxon England

A

Trial by local jury - The jury was made up of men from the village tithing who knew the accuser and the accused. The jury would listen to accounts from both, and possibly witnesses, before deciding who was telling the truth. Because the jury would know both the accuser and the accused, they could also use their knowledge of both people’s characters to make their decision.

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7
Q

what is trail by ordeal in anglo Saxon England

A

Trial by ordeal - If a local jury could not decide the outcome of a crime, then the villagers would turn to God to decide. This was known as judicium dei (by the judgement of God) or trial by ordeal. Trial by ordeal often took place in a church. The accused would
fast for three days and then hear Mass before their trial. A priest would always be present.

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8
Q

what were the 2 main types of trial in anglo Saxon Britain

A

trail by local jury and trail by ordeal

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9
Q

what were the methods used in trail by ordeal

A

Trial by hot iron - The accused would hold a burning hot weight in their hand and then their hand would be bandaged. If after three days the wound had healed, it was believed that God had judged the person to be innocent.

Trial by hot water - The accused would put their hand into boiling hot water to pick up an object. Their hand would then be bandaged. If after three days the wound had healed, it was believed that God had judged the person to be innocent .

Trial by blessed bread - The accused would eat bread. If they ate the bread without choking, it was believed that God had judged the person to be innocent .

Trial by cold water - The accused was tied to a rope and lowered into water. If the accused floated, it was believed that the water had rejected them and that God had therefore judged the person to be guilty.

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10
Q

Did anglo Saxon England have prisons

A

Anglo-Saxon England didn’t have prisons as we know them now. Prisons that did exist were holding areas that were built to stop serious criminals from escaping before their trial. These prisons were managed by a gaoler, whom the accused person paid for themselves.

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11
Q

what is capital punishment

A

Punishment resulting in death.

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12
Q

what were the main types of punishment in anglo Saxon England

A

Capital punishment, in particular death by hanging, was used as a punishment for
treason. This lethal punishment was intended to
deter other people from committing this crime.

Corporal punishment
included mutilation, such as cutting off someone’s hand. This was used for repeat offenders. Those who continued to carry out petty theft would have their hand cut off. This was intended to deter them from committing the crime again.

The pillory and stocks were also used as punishments. These punishments were intended to humiliate the convicted criminal.

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13
Q

what was the wergild in anglo Saxon England

A

A system of fines used in Anglo-Saxon England that was paid as compensation to the victims of crime or their families.

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14
Q

what happened in 1066

A

In 1066 William, Duke of Normandy, invaded England. After his victory at the Battle of Hastings, he became known as King William I. This marked the end of Anglo-Saxon England and the beginning of Norman England.

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15
Q

what was the murdrum fine

A

It was introduced when the normans came to protect them

If a Norman was killed and their murderer had not been found within 5 days, the hundred (all the local community) would be fined. These fines helped to reduce violent acts against the Normans but when attacks did occur, the fines provided valuable income for the King.

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16
Q

what were the forest laws in Norman England

A

It was introduced by the normans

The cutting down of trees was forbidden. People in the forest were not allowed to own dogs or a bow and arrow. People were also not allowed to hunt deer and were punished by having their first two fingers cut off so that they could no longer use a bow and arrow. Repeat offenders were blinded. The forest laws were not popular because activities that were allowed on common land in Anglo-Saxon England were made illegal.

However, some people still broke the forest laws because they felt they were unfair and they saw them as more of a social crime. Therefore, local communities often didn’t report people who hunted or collected firewood from the forest.

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17
Q

how was the wergild changed when the normans took control

A

The angle Saxon wergild was replaced by a new system that instead of paying compensation to the victims or their family it was now payed to the king

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18
Q

what new form of trial did the normans introduce

A

Trial by combat

was often used to settle disagreements over money or land. In this type of trial, the accuser and the accused fought until one was killed or unable to fight any more. The loser was then hanged as it was believed that God had judged them to be guilty.

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19
Q

what is the hue and cry

A

A method of raising the alarm to the rest of the village after a crime had been committed, usually by shouting loudly.

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20
Q

what was a Parish constable

A

Parish constables were introduced in 1285 by Edward I. Men in the parish would volunteer for the role. They would be responsible for keeping the peace in their parish during their spare time.

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21
Q

what year was the death penalty permanently abolished in the uk

A

in 1965 maps passed the Murder act (abolition of the death penalty) which suspended capital punishment in Britain and it was permantley suspended in 1969

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22
Q

who was Derek Bentley and what happened

A

n 1952 Derek Bentley, a 19-year-old with severe learning difficulties, was caught burgling a warehouse in London with a friend, Chris Craig. Craig was carrying a gun and Bentley carried a sheath knife and knuckleduster. When the police arrived to arrest both men, Bentley shouted ‘Let him have it, Chris’ and Craig fired the gun, injuring Detective Sergeant Fairfax. Bentley did not use his own weapons and did not try to escape arrest. Craig continued to shoot as more officers attended. One police constable was shot and killed before Craig jumped from the roof and injured himself.

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23
Q

what happened after the trail of Derek Bentley

A

Bentley and Craig were both charged with murder under a charge of joint enterprise.
Bentley faced the death penalty if found guilty, but Craig did not because he was under the age of 18. During the trial, Bentley and Craig denied that Bentley had said ‘Let him have it’. Bentley’s lawyer argued that, if he had said it, he could have been encouraging Craig to hand over the gun. Some people also felt that Bentley should not have given evidence due to his learning difficulties.

Bentley was found guilty and sentenced to death. The jury asked for mercy for him, and his lawyer’s appeals were turned down. Craig was imprisoned and not released until 1963.

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24
Q

what was the reaction to Derek bentleys death

A

Bentley’s sentence caused a public outcry. Two hundred MPs signed a memorandum asking the Home Secretary, Sir David Maxwell Fyfe, to cancel the execution. However, this was refused. On the day Bentley was hanged in January 1953, 5,000 protesters outside the prison chanted ‘murder’. This public outcry contributed to the argument against the death penalty. Many argued that Bentley’s case had been a
miscarriage of justice
and criticised the use of capital punishment.

In 1998, Bentley’s conviction for murder was set aside by the Court of Appeal and he was pardoned.

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25
Q

what is a tithing

A

A tithing was a group of 10 men who were all responsible for their 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.

26
Q

what were changes in law enforcement with the Normans

A
  1. they build castles in strategic locations to prevent unrest
  2. earls became less powerful and sheriffs began to act as the kings main representatives in the shires.
  3. sheriffs were given control of castles.
  4. by 1100 all anglo Saxon nobles had been replaced by normans giving normans full control.
27
Q

how did law enforcement change in the Middle Ages

A

it became more centralised because the king king had greater contol over laws

in 1166 royal judges were employed to travel the county and hear serious cases in local areas. this meant that cases were consistent across the country
coroner was created to invesitgate suspicious deaths in the middle ages.

28
Q

what was the statute of labourers

A

it was passed in 1351 and it was made a crime to demand higher wages from your lord seek higher wages elsewhere. and to work for more than a set maximum wage.

the reason this was created after the Black Death there was a shortage of workers

29
Q

what was the 1351 treason act

A

It was passed to make it clear what counted as treason

it defined treason as an attempted to overthrow or harm the king the punishment was hung drawn and quartered.

30
Q

what was the role of the church in 13 century crime and punishment

A

the church ran its own courts to try people for moral crimes

eg crimes relating to marriage faling to attend church and blasphemy

punishments included fines humiliation and ex communication.
the church did not execute snd they were more lenient.

31
Q

what was the benefit of clergy

A

from 1172 any clergymen accused of any crime was tried in a church court and therefore the punishment was more lenient.

in order to prove they were clergymen they had to read form the bible as there was a belie that only monks and priests would be able to read.

32
Q

what was churches protection by sanctuary

A

if a criminal was on holy ground they couldn’t be arrested they could not be arrested. the sanctuary could only last 40 days

33
Q

when did trail by ordeal stop

A

1250

said by the pope

trail by combat contimoued

34
Q

what is Pentonville prison

A

opened in 1842 built to deal with the problems of the prisons in 1920.
Built to provide better living conditions.
Built by Joshua Webb
Result of Prison act of 1839 which isolated prisoners from each other allowing punishment and rehabilitation - keeping away from hardened criminals / influence
Model of how prisons should operate.
Each inmate had one cell - solitary confinement.
Inmate wore masks so could not see each other.
54 prisons built but soon became clear did not work

35
Q

How did prisons change from 1865

A

became harsher
Pentonville design not working
People believed in criminal class - life long criminals
Prisons act of 1865 made it harsher e.g worked several hours, dull food, slept on boards.
Silent system.
Prisons act also put prisons under gov control / were standardised.
Proper alternative to transport to Oz.

36
Q

What problems did urbanisation cause for preventing crime in 19th century

A
  1. Newly industrial cities overcrowded people did not know each other so could commit crime and not be recognised
  2. Some became wealthier due to industrial revolution so more to steal.
  3. Lots of poverty in industrial cities and the poor committed crimes to improve their lives.
37
Q

What were the Bow Street Runners?

A
  1. Set up by Henry and John Fielding.
  2. Group of men who investigated crime and tried to catch criminals
  3. Set out on foot /by horse and patrolled
  4. from 1785 paid by gov
  5. before 1785 they charged fees for work / victims.
  6. Published a newsletter called the ‘Hue and Cry’ and described wanted criminals

Impact
1. First professional police force
2. Big impact in improving national policing

38
Q

Who and when Met set up?

A

1829
Robert Peel was Home Secretary set up Met Police force to over see law enforcement in London.
Patroled in organised beats
Deter and catch criminals
Similar to night watchmen - but were more centralised and structured.

39
Q

When did the met police set up a detective dept

A

1842
Became criminal investigation dept CID in 1878

40
Q

when was neighbourhood watch first established in the uk and what sis it do

A

first established in the uk in 1982

it encourages local people to work together with the police to keep community’s safe by reporting suspicious behaviour and sharing information

however only a small minority of households in the uk are covered by the scheme totalling to 3.8 million.

41
Q

why are police community support officers (PCO’s)

A

introduced in 2002 they don’t have the same power as ordinary police officer bu they play an important role in supporting police work and acting as a visible police presence in communities

one of their main roles is to follow a beat and interact with the public. this traditionally the responsibility of ordinary police constables but changes to government policy means fewer officers are doing this work.

42
Q

what is heresy

A

To disagree with, or refuse to follow the religious views of the monarch or the state.

it increased in early modern England because of the introduction of the Protestant Church during the reign of Henry VIII. As the official religion in England changed from Catholic to Protestant, and back again, the decades following Henry VIII’s reign saw an increase in heresy-related crime. Those people who committed heresy were known as
heretics and were often burned at the stake.

43
Q

Why did heresy and treason levels rise in the 16th century

A

Why did heresy and treason levels rise in the 16th centuryThere was a period of religious turmoil where catholic and protestant monarchs changed

44
Q

what happened to the population in the 16th century

A

it grew rapidly during the 16th century it is estimated that around 2 million people lived in England in 1485 and by 1603 that number had doubled (4 million)

45
Q

what was a vagabond

A

in the 16th century it became a big problem when levels of unemployment and poverty rose

it was someone who went around looking for work or begging

46
Q

what was the punishment of the gunpowder plotters

A

Guy Fawkes and the plotters who survived the fighting were found guilty of treason and sentenced to be hanged, drawn and quartered. This meant that they were hanged but were cut down just before the point of death. They then had their bodies cut open and their intestines pulled out. Finally, their limbs and head were cut off. The beginning of the 17th century was a time of political and religious unrest, and this harsh punishment was used to deter any future rebellions by Catholics.

47
Q

what was the gunpowder plot

A

In 1605 a group of Catholics led by Robert Catesby planned to blow up the Houses of Parliament to kill the king and replace him with a Catholic monarch.

Guy Fawkes, one of the 13 plotters, was given the job of filling the vault below the Houses of Parliament with about 36 barrels of gunpowder.
However, an anonymous letter warning about the danger was shown to Robert Cecil, the king’s chief minister.

The vaults below the Houses of Parliament were searched and Fawkes was found and arrested.
He was then tortured at the Tower of London until he shared the names of the other plotters and forced to sign a confession.

The other plotters managed to escape. However, they were later caught by government soldiers and some, including Catesby, were killed in the fighting that followed.

48
Q

what were the main types of punishment in the 16th and 17th century

A

Fines continued to be the most common punishment given. Fines were used to punish swearing, gambling and failure to attend church

The stocks and pillory continued to be used to publicly shame and humiliate those accused of cheating at games, persistent swearing, selling underweight bread and repeated drunkenness. If the crowd were angry about the crime, they would throw rotten food and perhaps stones at the offender

Corporal punishment, in the form of whipping in public, continued to be used to humiliate and deter criminals. Whipping was often used to punish vagrants and those who had been convicted of petty theft.

The death penalty continued to be used to punish the most serious crimes. These included murder,
treason, poaching, smuggling,
witchcraft and arson.

The crime of heresy was punished by burning at the stake.

Prisons continued to be used to house offenders awaiting trial or for those who had failed to pay off a debt. They were often a secure room in the local castle or gatehouse. Prisons were rarely used as a punishment on their own.

49
Q
A

The name Bloody Code refers to the legal system from around 1688 onwards, when the number of offences that were punishable by death rose dramatically. The system was given this nickname much later, by people who were critical of such harsh punishments. The table below shows how the number of capital offences - crimes punishable by death - increased over time.

1688 50
1765 160
1820 200

The crimes that were added to the list of those punishable by death were mostly crimes against property. For example, the 1723 Black Act made the poaching of deer, rabbit and fish a capital offence. Also, anyone who was found armed or disguised in a hunting area could be executed.

50
Q

why was the bloody code introduced

A

There were a number of reasons why people felt the need for harsher punishments during this period.
People generally believed that crime was increasing throughout the 17th century - though records show it actually fell. They believed that their property was at risk due to:
a high number of vagrants
an increase in the amount of highway robbery
Lawmakers believed their land and property were under threat from the increase in the numbers of vagrants and highway robbers. This influenced Members of Parliament (MPs), who passed the harsh laws, and were themselves landowners and merchants, to give harsher punishments to those who committed crimes against property. Such crimes included:
poaching
breaking wool machines
damaging roads
Social and demographic changes made it harder to find criminals and enforce the law. These changes include:
the growth of towns
increases in the population
increases in travel
Since the medieval period, most people in British society believed that the best way to prevent further crime was to make punishment harsher.

51
Q

what was the impact of the bloody code

A

The actual number of hangings fell from the middle of the 17th century onwards. It seems that judges and
juries in the assizes were uncomfortable with sending people to their deaths for minor crimes. As a result, they did things like:
devaluing the goods that had been stolen to a level that was not punishable by death acquitting the accused person due to lack of evidence sentencing people to
transportation to the American colonies or the Caribbean islands rather than ordering them to be executed

52
Q

what are conscientious objectors

A

A conscientious objector close conscientious objectorA person who refuses to fight in wars because of strong personal beliefs against war. is someone who refuses to fight in war for moral reasons. A change in legislation led to this becoming a crime during two 20th-century conflicts.

around 20,000 refused to fight when it was introduced in 1916

they could have been sent to prison in very harsh conditions many were put to work on farms or in factories

in 1939 60,000 British men and 1,00 women refused to fight

three was a stigma against it

53
Q

how did the definition of crime change in the 1900s

A

More immigration meant more laws against racism in 1965 the race relations act was passed to make it a crime to discriminate

rising drug use had new laws put in place a series of drug laws in 1960 put controls on many common drugs in 1971 the misuse of drugs act was put in place it banned the possession, sale of manufacture of drugs

The development of cars meant that new laws were needed

in 1967 the road safety act made it illegal to drive while under the info

54
Q

what are open prisons and when were they introduced

A

Open prisons were introduced in 1933 and continue to be used today. In open prisons, the rules are more relaxed and prisoners are allowed to leave each day for work. The aim of open prisons is to prepare prisoners to return to the community and lead a life without crime once their sentence is complete.

55
Q

what are attendance centres

A

In 1948, attendance centres were introduced as non-custodial centres for 10- to 21-year-old offenders. They attended daily or weekly for lessons in literacy, numeracy, money management and life skills such as cooking. Attendance centres are still used today, but for older offenders aged 18 to 24 years. They aim to reform young people and encourage them to consider the impact of their crimes on the community.

56
Q

what are non custodial sentences

A

Sentences not involving custody, which focus on reparation for crimes.

57
Q

what was witch craft

A

In 1542, during the reign of Henry VIII, a Witchcraft Act was passed. It made witchcraft a criminal offence and punishable by death. It was repealed five years later but then restored in 1563. It said that trials would be held in a common court, not the lenient Church court. It also stated that punishment by death should only be used when harm had been caused by the person accused of being a witch.

58
Q

what did king James do about witchcraft in 1604

A

In 1604, a further Witchcraft and Conjuration Act was passed during the reign of James I. This added the death penalty for anyone convicted of summoning evil spirits. This new act stated that those accused of minor witchcraft offences were to be punished with a year in prison. However, they were to be executed if they were found guilty a second time.

59
Q

how dod changes in society cause crime rated to grow in the 16th and 17th centuries

A

There was an increase in the population and number of towns during the 16th and 17th centuries as trade started to grow. This led to some people finding it harder to get work. They were more likely to commit crimes in order to survive.
Some people would steal food and household items that they were unable to buy. This was especially the case during bad harvests, when food became more expensive. Busy towns made it easier for people to commit petty theft because they were less likely to be seen and caught.

60
Q

what was the gunpowder plot a reaction to

A

The Gunpowder Plot was the result of King James I’s refusal to grant more religious toleration to Catholics.

61
Q
A