Crime And Punishment Flashcards
For paper 1.
The Middle Ages
1000-1500
Anglo-Saxons
500AD-1066
Normans
1066-1100
Later Middle Ages
1100-1500
Blood Feud
> Could lead to a cycle of violence.
>If a person was killed, the person’s family has a right to kill the murderer and so on.
Saxon Crime Prevention 8
>Tithings >Hue and Cry >Trial by Jury >Trial by Ordeal >Wergild >Execution >Mutilation >Prisons
Tithing
> Group of 10 boys over the age of 12. If one member broke the law, the others brought him to court or faced a fine.
Community policing
Used to stop crime as there was no police force until 1829.
Hue and Cry
> Victim/witness raised an alarm and whole village was expected to hunt down the criminal or face a fine.
Community policing.
Trial by Jury
> Relied on local community.
Jury was made up of men from the village who knew both the accused and the accuser.
They would give their version of events and the jury would make a verdict.
Solved problems and decided punishment.
Trial by Ordeal
> If jury couldn’t decide whether accused was guilty or not, the saxons turned to trial by ordeal.
There was trial by hot water, hot iron, blessed bread, cold water.
All bar cold water took place in church.
This is because they were very religious so turned to God for the verdict.
Wergild
> Compensation paid to the victims of crime or to the families.
Made sure no further violence occurred.
It was unequal - noble = 300 shillings, freeman = 100 shillings.
Allowed victim to continue feeding his family.
Execution
> Only serious crimes like treason against the king face execution.
It deterred.
Showed importance of the king as he was chosen by God.
Mutiliation
> Re-offenders were punished harshly.
Corporal punishment.
Cut off hand, ear, nose.
Deter from further offences.
Prisons
> Only used for holding criminals before trial as it was expensive to build and to run.
Ensured that the criminal wouldn’t escape before trial.
Norman Crime Prevention Continuity
> Hue and Cry
Tithing
Most of the saxon laws,
Capital punishment
Norman Crime Prevention Change and Continuity
> Wergild: money/ compensation given to the king,
>They kept trial by ordeal but introduced trial by combat,
Norman Crime Prevention Change
> Murdrum Fine
Forest Laws
Trial by Combat
Church Courts
Harsher on women, term social crime was introduced.
Norman-French became official language and court procedures were in Latin - the English understood neither.
Murdrum Fine
> After many Norman soldiers were killed, William made a law that if a Norman was killed the whole village would have to pay a fine.
Forest Laws
> Trees could no longer be cut down for fuel or building.
Forest inhabitants were forbidden to own a dog or a bow and arrow.
If you were caught hunting deer your first two finger were cut off.
Re-offenders were blinded.
Trial by Combat
> The accused fought the accuser until one was dead or unable to fight.
Loser hung as God had judged them guilty.
Church Courts
> Separate courts for churchmen that tended to be more lenient.
Social Crime
> An offence that the community turned a blind eye on. Occurred with forest laws.
Crimes 1500-1700
> Heresy
Treason
Vagabondage
Witchcraft
Heresy
> Having a different set of religious beliefs to the ruler.
Seen as a crime against the church and an offence to God.
Seen as a danger to others.
Heretics were punished by death, execution unless they took the opportunity to recant.
Recanted in public, making a statement that you have changed your religious beliefs.
Treason
> Connected with heresy, a challenge to the authority of the ruler.
Betraying one’s country usually by attempting to kill the king.
In order to deter, the gunpowder plotters were hung, drawn and quartered.
Catholics were banned from legal professions until 1829.
5th November 1605.
Vagabond
> A person without a settled home or regular work who wandered place to place and lived by begging.
Deserving Poor
Sturdy beggar.
1570s, vagabonds rose following a series of bad harvests.
Late 1590s, years of even greater poverty, wages at lowest since 1200.
London had largest amounts as many went there in search of work.
Sturdy Beggar
> Someone fit to work but begged and wandered for a living instead.
Deserving Poor
> Those who were poor through no fault of their own (sick,widowed.)
Why was there an increase in vagabondage in the 16th Century?
> Fall of the cloth industry led to a rise in unemployment.
Inflation caused prices to go up faster than wages.
No more wars so soldiers unemployed.
Closure of the monasteries so there was less help for the poor.
Landowners kept sheep instead of crops so less workers were needed.
No national system to help the poor.
Rise in population put pressure on food and jobs.
Houses of Correction
> An early type of prison used to hold vagabonds and prostitutes. They were whipped and made to work before being sent back to their parish.
People’s views on vagabondage
> People felt idleness was wrong as it was against religious teachings.
More likely to commit crimes (e.g thefts, assaults).
Thought to spread disease.
Threat to social order - the rich were concerned about large groups of poor wandering the country.
Early media spread concerns.
People worried about cost of vagabonds - each village raised poor rates to help the genuine poor, however they didn’t want to pay for sturdy beggars.
Laws - Vagabondage
> 1531: They were whipped then sent back to their birthplace.
>1598: Whipped, and if 2nd time then sent to houses of correction.
Witchcraft
> Invocation of alleged supernatural powers given by the devil to control people or events, practices typically involving sorcery or magic.
Matthew Hopkins was Witchfinder General in 1645.
Attitudes towards witchcraft
> Attitudes towards witchcraft changed towards witchcraft during late 16th century due to:
- economic problems
- after Henry VIII became head of CoE it was treated as a crime against the king.
- Rising vagabondage made people more suspicious of the poor.
Convicting a witch
> They would confess after being beaten or deprived of sleep.
Neighbour accused them.
If there were unusual marks on their body.
Punishment - witchcraft
> Execution (most common).
>Estimate of 400-1000 hung for witchcraft.
Decline in Witchcraft
> People started becoming better off reducing tension in villages and towards superstition.
Growing number of people taking more rational view. From 1660, the reign of Charles II saw huge increase in scientific experiments and discoveries. Many things once seen as witchcraft had now been explained by science.
Last execution for witchcraft was in 1684.
Laws concerning witchcraft were abolished in 1736.
Law Enforcement 1500-1700
> Population rise led to more crime - 1500= 2.5m, 1700= 6m.
Many people now lived in rural areas - London= 50,000.
In rural parts people knew each other, in towns anonymity made it easier for criminals to act.
Increased wealth saw a rise in good in homes and businesses.
Wealthy were obvious so highly visible target for robbery.
It was easy to pass unnoticed in a large, busy town.
In crowded areas tehre was an increased opportunity for theft, pickpocket.
Growing number of businesses made more opportunities for crimes like fraud.
Growth of towns led to more crime.
Types of court
> Royal Courts
Manor Courts
Church Courts
Royal Courts
> Serious crimes.
>Could order execution - after which the court would take their property.
Manor Courts
> Minor crimes.
Witnesses were important.
Villagers decided who won the case.
Representatives of the lord acted as judges deciding the sentence.
Church Courts
> Only tried churchmen.
Lighter sentences - couldn’t sentence the death penalty.
All members of the clergy could read and write therefore literacy tests would prove that they were with the church.
Later Middle Ages - Background
> At the end of the Civil War, Henry II became King. He wanted to restore the authority of the King.
In 1154, he brought together Saxon and Norman laws to create the English Common Law.
The church remained a powerful legal force and kept its own court.
Power of King was important for law enforcement.
Later Middle Ages - Law Enforcement Methods
>Constable >Coroner >Sheriff >Posse >Royal Court >Could escape death penalty >Abolishment of Trial by Ordeal in 1215. >Manor Courts. >Wergild - to the King. >Benefit of the Clergy >Sanctuary >Serious crimes and re-offenders punished by death.
Constable
> Well-respected member of the community who volunteered for a year.
He would organise the Hue and Cry and inform the coroner of any unnatural deaths.
Coroner
> Royal official.
Would be informed of any unnatural deaths and listen to witnesses to find out what happened.
He would then contact the sheriff if the Hue and Cry was unsuccessful.
Sheriff
> Royal official.
>Be informed of any unsuccessful Hue and Cry and send a posse to track down and imprison the accused.
Posse
> Group of around 15 males.
Could be summoned to join the posse.
They’d track down criminal under the sheriff’s orders.
Escaping the death penalty
>Go to a sanctuary and leave the country within 40 days or face trial. >Go to a church court. >Claim benefit of the Clergy >Buy a pardon from the King >Needed for the army.
Abolishment of Trial by Ordeal
> Abolished in 1215` by Pope Innocent III.
Benefit of the Clergy
> Accused claims the right to be tried in a more lenient church court.
Used by anyone loosely connected to church.
Only meant for priests.
Test - read verse from Bible but many learnt it by heart.
Sanctuary
> If someone running from law reached the church, they’d claim sanctuary.
No one could remove them.
They had 40 days to decide whether to face trial or go abroad.
Social Changes - Early Modern - 1500-1700
>Economic Change >Political Change >Landowner's Attitudes >Religious Turmoil >Population Growth >Printing
Early Modern - economic change
> England becoming wealthier overall, but majority of people were poor.
The poor were vulnerable to rises in food prices from bad harvests.
Fall-off in trade - unemployment - hardship.
Early Modern - political change
> This period saw the greatest rebellion, the English Civil War 1642-49.
This lead to King Charles I’s execution.
Created feeling of insecurity and fear.
Early Modern - landowner’s attitude
> Landowners were becoming richer and had a growing influence during the period.
They encouraged laws that defended their rights, power and property against those they regarded as a threat.
More suspicion of poor due to their rising numbers and they wanted to keep them in place.
Early Modern - religious turmoil
> Religious changes made by Henry VIII in the 1530s caused unrest and confusion.
This was followed by more religious upheaval as the country switched from Protestant to Catholic and back again.
Each side accused the other of being in league with the Devil, increasing the public belief in evil and supernatural explanations for events.
Early Modern - population growth
> Population growth between the 16th and 17th century made it harder to find work.
Early Modern - printing
> Printing was invented in 15th century so there were more books, pamphlets and broadsheets.
Favourite topic for pamphlets was crime especially witchcraft and vagabondage.
Law Enforcement 1500-1700
>The Army >Parish/town constable >Citizens >Nightwatchmen >Sergeants >Justices of the Peace >Hue and Cry >Rewards >Courts >Habeas Corpus
15-1700 - The Army
> Change
Used to put down riots and capture organised criminal gangs.
They diffused potential crime and deterred riots as easily as it stopped them.
15-1700 - Parish/Town Constables
> Both
Remained main defence against crime.
Part-time, no uniform/weapons.
Dealt with minor crimes.
In charge of suspects until their trial.
Power to inflict punishments such as whipping.
Helped organise hue and cry.
Only voluntary and had other commitments too.
15-1700 - Citizens
> Continuity.
If they were robbed, it would be their responsibility to get a warrant and track down the criminal and bring him to the constable.
Expected to deal with crimes themselves.
Process was long-winded and it was hard for the criminal to be found.
15-1700 - Nightwatchmen
> Change.
Patrolled streets at night.
Poorly paid and little use.
Pointless as he could only arrest drunks and vagabonds.
15-1700 - Sergeants
> Change.
Employed in towns to enforce market laws about the weighing of goods and collect fines if traders were behaving badly.
Helped to diffuse fraud in towns and villages.
15-1700 - Hue and Cry
> Continuity.
Alarm raised to look for criminal.
Could easily become disorganised and only worked for less populated areas.
15-1700 - Justices of the Peace
> Both.
JPs.
Set up in the Middle Ages but became key part of law enforcement in Tudor times.
Judged in manor courts.
They could fine people, send them to stocks and pillories or order them to be whipped.
Helped enforce law and manage criminals, but only with local and minor crimes.
15-1700 - Rewards
> Change.
Rewards were offered for arrest of particular individuals of more serious crimes.
Helped catch the criminal and prevented them re-offending.
15-1700 - Courts
> Both.
Relied on local jury.
Manor courts - local and minor crimes.
JPs met four times a year to discuss serious crimes in Quarter Sessions.
County Assizes - royal judges met twice a year to discuss the most serious crimes.
Made punishments easier to give out.
15-1700 - Habeas Corpus
> Change.
Passed in 1679 and prevented authorities from locking a person up indefinitely without charging them with a crime.
Helped those accused escape sentence and carry on living.
Good is accused was innocent.
Punishment
> How the law is enforced.
>Penalties imposed on people who break the law.
