Crime & Punishment- Modern England Flashcards
When was the Early Modern Period?
What were the changes n society and how did it impact crime?(3)
Early Modern= 1500-1700
- Increase in population and decline of feudalism led to higher unemployment, which meant more people moved into urban areas in search of work so town and cities grew= led to increase crimes against the person with increase street criminals and petty thieves.
- End of feudalism(social system) and new farming methods led to the enclosure of land as landowners has increasing power- led to increase crime against property, eg poaching, as more landowneers restricted those who could hunt on their land.
- changes in peoples’ religious beliefs and the religion of the monarch- increased crime against authority as more people committed heresy and high treason
Explain why there was an increase in crime against authority?
-Early modern was ruled by the Tudors and then the Stuarts so it was a time of religious change and many rebellions and plots against the monarch- led to an increased crime against authority- heresy and treason.
- Henry VIII made himself Head of the Church during the Protestant Reformation.
- Heresy became a crime against the king, therefore treason
What were some of the social crimes? (3)
The late 15th and 16th century saw a large increase in the number of vagrants due to:
- increasing population, falling wages, rising food prices and no help to the needy especially since there was a closure of the monasteries in 1536
- the decline of wool trade meant fewer jobs for the population.
What were the attitudes towards vagabonds?(6)
- Vagabonds were healthy people who refused to work and people refused to give charity in towns towards them.
- feared and hated by settled populations
- went from village to village and were linked to crime and disease.
- reported to thieving and/ or begging and charity in order to survive, which was resented by the settled population.
- viewed as lazy and Puritan religion emphasised the importance of hard work.
- being idle was the work of the devil.
What were some of the laws for Vagabonds passed down?
- Vagrancy Act 1547- able-bodied without work could be branded with a ‘v’ and sold as a slave for two years
- 1598- Act for the relief of the poor- split vagrants into two categories- deserving ( elderly and disabled) and undeserving ( those fit for work)
1601- poor laws- the ‘deserving’ poor were given poor relief by the local parish; the ‘undeserving’ could be branded, whipped or sent to a correction house
How did law enforcement change in early modern England regarding the church?
Changes?(4)
- increasing in the size of the population was an important factor for changes in law enforcement and the role of the church in the justice system decreased.
Change:
- Henry VII allowed non-clergy ‘benefit for clergy’ only once and people were branded to show they had received the privilege
- Edward VI made serious crimes, such as murder, exempt from the benefit of the clergy.
- 1576- Church courts couldn’t try criminal acts( only moral ones) so everyone, including clerics, were tried in secular courts- people could still claim the benefit of clergy and receive more lenient sentences then others
- Henry VIII stopped exile abroad for those claiming sanctuary and in 1623, James I abolished sanctuary altogether.
How did law and enforcement change? Count vs change? (3)
Concl?
- Continuity:
- hue and cry
- no national police force and the methods and effectiveness of preventing crime and catching criminals varied across the country
Change:
- Night watchmen – volunteers who patrolled towns at night and were overseen by town constables.
- Sergeant at arms – ensured market weights and measures were correct.
- Town constables: employed by authorities in town and had the [power to arrest suspects and take them to JP. In charge of watchmen in their area.
Hue and cry was less effective in larger towns and cities, but there were no alternatives.
But law enforcement was still largely community based
Continuity and change in punishments?
Cont:
-Stocks, pillory, flogging
Public hanging.
Change:
- Most punishments were public and designed to deter.
- New punishment – House of Correction -Church lost power at this time
Deterrence and retribution were still the main purpose of punishments at this time.
What was the Bloody Code?(3)
-In the 17th century, the number of crimes punishable by death increased and by 1699, there were 50 capital offences for minor crimes such as stealing. Because of the increase in capital offences, the period from 1688 to 1825 was known as the ‘Bloody Code’ and was the aim to deter people ao they wouldn’t commit a crime.
-Number of capital crimes increased to
215 by 1800s.
-Capital crimes included poaching,
forgery and theft > 1 shilling Hangings were done in public
Why was the Bloody Code created?(5)
- Bloody Code was designed to deter
- High crime rates in larger towns and cities. —Hue and Cry was no longer effective
- Print media spread fear of criminals —
- Due to social and economic changes. Members of Parliament (the law makers) were all landed aristocracy, and were scared by the increase in crimes threatening their property.
- MPs believed that punishments should be as harsh as possible to deter people from committing the crime, remove the worst offenders through execution and provide retribution to victims.
Why was transportation introduced?
-transporting criminals to colonies in North America where they did manual work began under James I- criminals were sentenced to either 7-14 years, were released but most could not afford to go back. Between 50,000 and 80,000 men, women and children were transported to America during this time.
How did transportation become a punishment?(3)
- it reflected new ideas on the aims of punishment as transportation was still a serious punishment but it gave criminals a chance at rehabilitation while still acting as a deterrent.
- an alternative to execution for petty crime which some began to think was too harsh, especially after the Bloody Code began and prisons were not yet established.
- provided inhabitants and workers to estabalish the American colonies while removing criminals from England.
Describe the outline of the Gunpowder Plot? (5)
- When James I inherited the throne after the death of Elizabeth I, Catholics hoped for more freedom but James I continued with anti-Catholic laws.
- Robert Catesby led the plot and a group of Catholics plotted to kill the King.
- Guy Fawkes planted the gunpowder underneath the house of Parliament as they wanted to blow up Parliament.
- Cecil ordered a search of the House of Parliament where the gunpowder and Guy Fawkes were discovered. -Caught hanged, drawn and quartered. and those captured were arrested but also tortured until they confessed. Such extreme punishments were used to deter
Reasons for harsh and public punishment for treason? (3)
- treason received the most serious punishment and without a police force to help prevent crime, harsh punishment was thought to be the only way of deterring crime.
- period instability due to disputes over the royal succession required harsh treatment as a form of deterrent.
- the harsh message was thought necessary to deter Catholics from rising up against the Protestant monarchy.
What were some new crimes against authority?
Why did it develop?
- Witchcraft
- Witches were accused of worshipping the devil and using magic.
- They were often old women who lived on the edge of the village.
- Reformation led to confusion over religion.
- Poverty, bad harvests and inflation meant that villagers looked for scapegoats.
- Lack of scientific understanding.
