Methods Of Punishment Flashcards
Harch nature of punishment on Saxon times
punishment in Saxon and medieval period was harsh. For Saxons the aim was of retribution.
Saxon ordeals: a person accuse of an offence faced judgement from a jury of men from the community. If there was no evidence to support accusation, the jury made a judgement based off what they knew of the accused person. The accused swore an oath of innocence and the jury swore an oath on whether they believed a person was guilty or not in a process known as compurgation. If the jury could not decide, they used an ordeal:
- of blessed bread- a priest prayed over a piece of bread; people believed that if the accused was guilty they would choke on the bread
- hot iron/hot water- if the accused burns became infected within the following days then they were guilty
- cold water- accused lowered into a river or pond. If they floated they were guilty
In 1215 the Norman’s added a 5th ordeal which was trial by combat where the accused and accuser fought till death and the winner was deemed correct.
Saxon punishments: blood feud ( criminals hunted down and killed by a relative of the victim), wergild (a fine to compensate victims) other crimes such as treason and arson were punished by death.
Harsh nature of punishment in Medieval times
When William the conqueror became king he continued some aspects of Saxon punishment but, while the criminal could still be fined, the money went to the king. The murdrum fine would be paid by an entire area if a Norman was killed and the killer not caught.
Typical punishments: whipping or flogging ( for minor offences such as not going to church or petty theft), stocks and pillory(public punishment for swearing or public drunkenness), Mutilation (theft or regular offending or illegal hunting) included having hand ear or nose cut off? Being blinded, Execution (for most serious crimes, usually by hanging or throwing off a cliff or being buried alive. Heresy was punished by being burned alive)
The treatment of vagabonds in Tudor times
1495- vagrants were put into the stocks for three days and then sent back to birth place
1531- vagrants were whipped and sent back to parish of their birth
1547- vagrants caught begging were branded with a V on their forehead and enslaved for two years. Repeat offenders would be executed
1601- after Elizabethan poor law in 1601, local taxes were put in place to provide money to support the poor in each area and provide work for them but those who refused to work were whipped and sent to a house of correction. Beggars were whipped until their back bled and sent back to place of birth.
The use of public punishment up to the 19th C (capital punishment)
Most common method was hanging. Criminals were usually taken to the gallows on the back of a cart. On the way, people could throw things at the criminals and often shouted or jeered. A vicar would then encourage the criminal to apologise for their crime before they were hung. A relative could bay to pull on the criminals feet to speed up the death. Other methods included burning at the stake which was the punishment for heresy and beheading ( for royalty and nobles) or hanging drawing and quartering for treason. Capital punishment was carried out in public until 1868. After, it was still used but away from public view.
The use of public corporal punishment up to the 19th C
The threat of corporal punishment was to deter people from committing crimes and humiliate criminals.
The stocks and pillory were used to punish people for crimes such as swearing or drunkenness. Criminals would sit (stocks) or stand (pillory) with some of their limbs and neck if in the pillory held in a wooden frame while locals threw rotten food or stones at them
Flogging was common in Tudor and Stuart times for those who refused to attend church and stealing or vagrancy.
The use of transportation from the 1770s to the 1860s
From 1654 some convicts were sent to British colonies in America to work rather than being executed until the outbreak of the American war of independence.
Transportation to Australia began in 1787. The first 11 ships departed from Portsmouth in may 1787 with 736 convicts on board. During the 8 month journey 40 people died.
It was given as a punishment for people found guilty of theft; 80% of transported convicts were convicted thieves. It was also given to protestors such as luddites. Sentences were 7, 14 years or life. But even when free most could not pay for return journey.
Once in Australia, some convicts were made to work building roads or braking rock. Those who were disobedient were whipped, chained together in gangs to work and sent to more remote settlements.
For good behaviour people could secure early release after 4-5 years through a ticket of leave or received a conditional pardon and were then able to find paid work of their own.
The need for prison reform
Prisons were run by towns and counties with no rules about how to manage them. Often they were not purpose built rooms and had inadequate water supplies and sewers. Most were just large rooms were prisoners were held together. Conditions were poor, many died from typhus then known as ‘gaol fever’ around 25% of prisoners died every year. Gaolers were not paid so took money/ bribes from prisoners and more wealthy prisoners could pay the jailer for beds, blankets and better food. + end of transportation in 1750 meant prison populations rose dramatically.
John Howard
In 1777 he published a report on prison conditions observing that: prisoners were not separated by gender or type of crime, many were dying of illness and disease, jailers were corrupt, they were not secure or safe, jailers required fees to release prisoners so some ere serving much longer than their initial sentence. He also noted some had no drainage or freshwater and inmates were held in windowless cells. He believed if these conditions were improved and prisoners were made to work and reflect on their crimes they could be reformed.
Sir George O Paul
Designed a new prison in Gloucestershire that was secure and hygienic, had separate areas for male and female prisoners and had a chapel, workrooms and an excercise yard. His prisons also had good ventilation, and isolated sections for inmates with typhus; he believed this would control the spread of the disease
Elizabeth FRy
Fry was a Quaker a member of the society o friends, a Christian group. She visited Newgate prison regularly, provided clothes and bedding and began to teach inmates skills such as sewing and literacy. She set up a chapel and a school in the prison. Alongside other quakers, fry founded the association for the reformation of female prisoners in Newgate. Although having no immediate consequences the influenced the 1823 Gaols act
1823 gaols act
- prison should be made secure
- jailers should be paid
- sexes should be separated
- doctors and chaplains should visit prisons
- attempts should be made to reform prisoners
the separate system ( later 19th C)
Prisoners were isolated from each other in individual cells and kept alone for weeks
They were put to work sewing mailbags and coal sacks
Only allowed out of cells for excersis and church services but made to wear masks.
Prison chaplains would visit cells and encourage them to live a more Christian crime-free life and special chapels were built to keep them physically separate. Chapels were used for church services and as a school for adult prisoners.
Focused on reforming prisons
The silent system
Prisoners were not kept physically separate but were not allowed to communicate. They were forced to do boring repetitive tasks such as pick oak up walk on tread wheels or turn crank handles thousands of times. The idea was that boredom would allow prisoners to reflect on their crimes and find prison so unpleasant they would not want to return. However it lead to increased suicide rates and mental health conditions.
End of separate and silent systems
They did not lower reoffending rates
The government bought all prisons under its control in 1877 and separate and silent systems were ended and prisons discontinued use of pointless hard labour.
Modern prisons in 20 C
Arrow marked uniforms and shaven hair abolished and heating, better access to food and education provided. As aim becomes to reform and rehabilitate prisoners through education and training however as overcrowding in prisons has increased access to training and courses has become limited.
Prisoners are categorised according to the risk they present to security, safety and public protection. Category A are for offenders whose escape would be highly dangerous to the public, police or security of the state while category D/ open prisons are for those assessed as presenting a low risk and manageable in low security conditions.
