law enforcement: punishment Flashcards
why did punishments change between 1500-1700?
- increased fear of crime
- growth of towns
- needed harsher
deterrents - introduction of rehabilitation
how did attitudes in society lead to changing punishments in the period 1500-1700?
economy growing so people are struggling with money so therefore crime rates increase (robbery, fraud)
how did towns lead to changing punishments in the period 1500-1700?
growth of towns led to increase crime rates as people moved to where work was more prominent
how did religion lead to changing punishments in the period 1500-1700?
centralization of power and control was enforced by the Tudors to ensure a rebellion did not occur. the church became less important.
(extra: this led to benefit of the clergy ending in 1576, and sanctuary ending in 1623)
what crimes was the death penalty used for
1750-1850?
- stealing
- counterfeiting
- stealing cattle
- pick-pocketing (over 1 shilling)
- taking fish
- cutting down trees
problems with the death penalty
1750-1850?
- often people did not want to send people to die so they did not press charges
- jury’s were less likely to send people to death as they did not want to be responsible for someone dying
- public hangings were popular entertainment so they did not work as a deterrent
how did the death penalty change
1750-1850?
- only treason and murder got the death penalty
- 1980’s: 95% of people who were sent to death, were not killed
- eighteen century: philosophers were discussing that crimes were to harsh
- transportation was more widely used
what crimes was transportation used for?
1750-1850
- criminals who had committed bad crimes but not bad enough to be killed
- reduce crime rates by removing the criminal out of the country
what were the problems with transportation 1750-1850?
- prisoners who failed to complete their sentence returned to Britain without a “ticket of leave”, were sentenced to death
- by 1810, Lord Justice described transportation as a “summer excursion” meaning it was not a good deterrent
- by 1830: cost 1/2 million to do
what changes were made to transportation in the 1750-1850?
- Australia did not want to take people anymore
- the whole system declined by 1840’s
- 1857 transportation was brought to an end
when did transportation end
1857
what crimes were prisons used for?
1750-1850?
- mostly petty crimes
- hold criminals waiting for death or transportation
what were the problems with prisons
1750-1850?
- 1/3 of all prisoners died in the hulks
- the poor relied in charities to pay their fees and life was poor
- prisoners were unpaid, nobody wanted to do it
- had to pay to see a doctor
what changes were made to prisons in 1750-1850?
- Elizabeth Fry believed in rehabilitation, (she worked with females)
- peneterteries were established
why were more prisons made in the nineteenth century,
end of other punishments
prisoners was seen as an increasingly good option as an execution or transportation
why were more prisons made in the nineteenth century,
changing ideas of dealing with criminals
reformers wanted harsher punishments yet also safe for prisoners health
what was the new idea of the separate system
a system when prisoners were kept apart as much as possible
how was the separate system prisons run
prisoners lived in seperate cells, and kept isolated up to 23h a day.
when was pentoville prison built
1842
describe how pentoville prison designed
the building had 5 wings, each wing had many individual cells, all designed to encourage isolation. cells consisted of spaces 4m by 2m, a small window was located at the top to allow natural sunlight
what were the positives of the separate system
- had developed new technology, (ventilation and heating system) - this improves health and life
- most cells featured running water (piped water)
- provides prisoners with an opportunity for individual improvement.
- at the time the idea for individual cell system: solitude to encourage reform, lack of influence from other prisoners, helps with rehabilitation
negatives of the separate system
- solitary conditions meant prisoners suffered from mental illnesses due to lack of human contact
- high suicide rate
- no communication
what was the mental illnesses prisoners in the separate system suffered
depression and psychosis
when was the silent system introduced
1865 prison act
what was the garroters scandal
a issue where some people hid in the shadows, they partly strangled people so they could be robbed easily. many people blamed criminals who had been released for good behavior.
explain the new ideas about why people committed crimes
1865 prison act
- people believed there was an identifiable “criminal type” who was physically recognizable and less evolved than the rest of society
- criminals could not be reformed only determined
what was the new silent system introduced
prisoners were expected to be silent at all times.
what was hard board idea in the silent systems
hard wooden bunks replaced hammocks to sleep on, these were deliberately uncomfortable
what was the hard labor idea in the silent system
prisoners were expected to take part in hard labor, it was deliberately pointless work for several hours of the day
what was the hard fare idea in the silent system
food was described as “hard fare”, it was adaquaent but monotomus food - all the time
also disobeying the rules could result on being put on a diet or bread and water only
how had prisons changed
before 1947?
- 1900 prisons had already moved away from separate systems
- use of pointless hard work was abolished by 1902
- solitary confinement ended in 1922
when did solitary confinement end
1922
when did the use of pointless hard work end
1902
why did prisons change before 1947
- fear of crime had decreased therefore the government was under less pressure to make prisons harsher
- many citizens believed poverty or criminal environment had the biggest effect on criminal ideas
how has prisons changed after 1947
- prison population had increased after the 1940’s
- prison overcrowding peaked in the 1950
- this led to an increased amount of serious assaults occurring in prison
- more deaths in police custody
- after the war
why have prisons changed after 1947/ reasons for prison population increase
reasons for increased prison population:
- average length of prison sentences increased
- increase chance of prison sentence for certain offences
- increased no. of people on remand
alternatives to prison
- parole was introduced
- suspended sentences were introduced
- community service orders were introduced
- electronic tagging was introduced
when was parole introduced, and explain it
1967
prisoners no longer had to serve their entire sentence if they were well-behaved
when was suspended sentences introduced and explain it
1967
if offenders did not re offend they were not sent to prison
when was community service orders introduced and explain it
1972
offenders were required to do between 40-300 hours of unpaid work
when was electronic tagging introduced and explain it
1990
having to wear an electronic tag, used to track location - possible to set a curfew
reasons for change to switching to alternatives in prison
- high rates of recidivism after release (mostly young offenders
- younger prisoners could learn from older more experienced criminals if they remained in close quarters with them
- prisons are very expensive to the government
- prisons do not deal with social/personal problems that caused the offender to commit
Victorian attitude toward young offenders
harsh and children were treated the same way as adults
(extra: in an exam possibly link to Edward Andrews (hung himself due to how he was being treated in prisons))
twentieth century attitude to young offenders
moved away from harsher punishments, focused more heavily on reform. people believed young offenders were easy to change as they did not have a fixed mindset yet
how was the idea of reform introduced with young offenders
- people believed positive influences and a good environment around young offenders could maybe deterre them from committing
- ## purposefully separating young criminals from more experienced ones
when was borstals opened
1902
an institution for criminals under 18
when was more schools opened to help young offenders
1932
however due to many offenders absconding they were closed
when was borstals abolished
1982
60% of the criminals re offended and it actuality led to an increase in the amount of crime committed by youth
when did the government introduce harsher youth centers
1982
military drill and discipline was introduced, however this also led to an increase in crime
situation today with young offenders
re offending rates are still high
young offenders who have served custodial sentences have high rates of re offending
children can now be placed in custody
sentences may begin with parents if they fail to properly look after their children
When was the death penalty abolished?
1965 for all crimes except treason in times of war and piracy, for a period of 5 years. However in 1969 it was abolished permanently
Explain the controversial case of Ruth Ellis:
Ruth Ellis was found guilty of killing her lover, David Blakey, it was described as a “crime of passion”. Their relationship was highly abusive so there was a lot of public support for Ellis. There was no doubt that she was guilty however she had large amounts of public sympathy as she was very glamorous and was featured in different newspapers.
Explain the controversial case of Timothy Evans:
Evans’s and his wife were lodgers at a house owned by John Christies. John Christie was a prolific serial killer, killing 8 women (this was discovered later). Evans wife became pregnant, they did not want to keep it so John offered to give her an abortion, however John just killed Evans wife and stated that she had died during a botched abortion. Out of guilt and embarrassment, Evans confessed to her murder, he was then hung in 1950. It was then later discovered what had truly happened in 1966.
explain the controversial case of Derek Bentley?
Derek Bentley was involved in a robbery, with an accomplice. when the police arrived the two men, (Bentley an adult, his accomplice 17) were on the roof. it is speculation, but according to police report, Bentley shouted “give it to him” - there was a gun involved and many people are wondering if it meant to “hand the gun to the officer” or if to shoot him. an officer was shot on the scene by Derek accomplice; gently was captured and as he was an adult he was sent to death. however after psychiatric reports, it revealed that his mental age was 11, so many people thought it was wrong for him to be tried as an adult.
why was the death penalty abolished
declining use
- by the 1700’s use of death penalty was declining
- government abolished bloody code (1820s/1830s) meant that only murder and treason were punishable by death
when was public hanging abolished
1868
when did the government abolish hanging for murder (except specific cases)
1957
the death penalty was abolished for murder, however certain cases were allowed, what are the specific exceptions:
- murder of police officer/prison guard
- murder by the means of explosion
- murder by the means of shooting
- murder concurring will resisting arrest
- murder concurring while theft occurs
- murder of more than 1+ person
why was the death penalty abolished
impact of 2nd world war
- after the war and seeing the effects of the Holocaust many people believed that the death sentence was un-christian and barbaric
- the idea of killing seemed on par with Hitler and his ideologies so it was highly frowned upon
when was the united nations deceleration of human rights made
1948
what was the deceleration of human rights
“everyone has the right to liberty, and security of person”
“no-one shall be subjected to torture, or cruel, inhumane or degenerating treatment or punishment”
why was the death penalty abolished
NCACP and MP’s
- other European countries has already abolished it without seeing a serious increase in crime rates
- a lot of murders happened in the spur of the moment meaning the death penalty was not a deterrent
- execution was against many religions and it was seen as against the idea of “sanctuary of life”
what does NCACP stand for
national campaign for the abolition of capital punishment
Middle Ages Punishments: change
- Hung, drawn and quartered
- beheaded
Middle Ages Punishments: continuity
Still relied heavily on fines, corporal punishment such as mutilation and hanging executions for
other crimes
what was the bloody code?
The increase in crimes carrying the death penalty. It was supposed to deter
people from committing crimes. It did not work as a deterrent as most crimes were committed
by poor people in a state of desperation.
1908 children act explain
under 16s could no longer be executed. By 1933 a
second Children’s Act made it no under 18 to be executed.
what was the 1922 the Infanticide Act
meaning mothers that kill their new born
babies would not be executed. The law took into account a woman’s mental
health after child birth
why was the death penalty only declared for serious murder crimes
Due to the work of the Home Secretary, Roy Jenkins, The Homicide Act of 1957
