Nature of punishment Flashcards
1
Q
Trial
A
A way of determining someone’s guilt for a crime
2
Q
Trial by jury in medieval era
A
Guilt was decided by a group of men in a jury
Reliant on the person’s character
3
Q
Trial by ordeal in medieval era
A
If jury couldn’t decide, guilt was determined by completion of a physical task
Who’s outcome was supposedly decided by god
4
Q
Types of trial by ordeal
A
Trial by cold water
Trial by hot iron
Trial by hot water
Trial by blessed bread
5
Q
Trial by cold water
A
Used for men
Where you’d be lowered into a lake by being tied to a rope
If you sunk, you were innocent as the holy ‘pure’ water accepted you
But float = rejection
6
Q
Trial by hot water
A
Used for men
Put hand in boiling water to pick up object at bottom
If it had healed after a few days = god had helped you = innocent
7
Q
Trial by hot iron
A
Used for women
Holds hot iron
Bandaged hand up
If healed = god helped = innocent
8
Q
Trial by blessed bread
A
Used for priests
Other priest says prayer that they will choke on the bread if they lie
So if they choke = lied = guilty
9
Q
Types of punishment
A
Corporal
Capital
Exclusion
Compensatory
10
Q
Corporal
A
Inflicting pain/ mutilation on body
11
Q
Capital
A
Execution
12
Q
Exclusion
A
Removing someone from society
13
Q
Compensatory
A
Paying money to compensate victim of state
14
Q
Purpose of punishment
A
Deterrence
Reform
Maintain the law
Protection
Retribution
15
Q
Deterrence
A
Showing consequences to stop others from doing the crime
16
Q
Reform
A
Reform characters of defenders to prevent crime happening in the first place
17
Q
Protection
A
Protect rest of society from criminale
18
Q
Retribution
A
Give offenders what they deserve for the crimes they caused
19
Q
Punishments in medieval era
A
Fines
Whipping
Stocks and pillory
Mutilation
Execution
Imprisonment
20
Q
Fines in medieval era
A
Fines to the victim if still alive/family
Or paid to the Norman crown
21
Q
Whipping in medieval era
A
Happened in public to deter others
22
Q
Stock and pillory in medieval era
A
Publicly confining someone to the stand in public
So public could humiliate them
Used for deterrence
23
Q
Mutilation in medieval era
A
Cutting off body extremities for regular offenders
24
Q
Execution in medieval era
A
Being hanged, buried alive, thrown off cliffs or burnt
For the most serious crimes
25
Imprisonment in medieval era
Bad conditions
For debtors and people awaiting for trial
26
Stocks and in early modern era
For petty crimes:
Runaway servants
Drunk people
Vagrants
27
Pillory in early modern era
For slightly more serious crimes:
Sexual misconduct
Perjury
But also not so:
Cheating at cards
28
Execution in early modern era
For major crimes:
Murder
Treason
Arson
29
Punishment in early modern era for vagabonds
Whipping
Burning with hot iron
Branded with a V
30
1572 vagabonds act
Idle poor people over 14 years old can have corporal punishment
Eg burnt with right ear and whipped
31
Tyburn tree
Used during early industrial era to hang multiple offenders at once in public
32
Transportation in industrial era
Sending prisoners overseas to colonies
Started off in America then to Australia
33
Why was transportation implemented?
If hanging was too harsh
Builds up the empire
Prevented prison overcrowding
Gives prisoners fresh start and hard work to reform
Protects british society
34
Why did transportation to America stop?
USA won war of independence
So couldn’t transport them in the empire
35
After transportation to America stop, how were prisoners dealt with?
Kept temporarily in hulks
36
Hulks
Disused war ships being repurposed to hold criminals
Following end of transportation to USA meaning overcrowded prisons
37
Conditions on hulks
Health + sanitary conditions = very poor
Frequent riots and disorder
Meany prisoners died
38
Typical day on a prison hulk
Wake up at 5:30
Breakfast at 6
Leave ship at 7
Laborious unskilled work eg carrying coal or building forts
39
Transportation to Australia
Following colonisation of Australia
To begin this again as hulks were ineffective and overcrowded
40
Conditions for transported prisoners in Australia?
Farm workers = remote so master could be harsh
Domestic = good because treated as family member
Labour gangs = bad
41
Why were reasons for end of transportation in Australia?
Not enough of a deterrent
Very expensive
Australians didn’t like country being dumping ground for criminale
42
How did transportation to Australia eventually end?
New South Wales stopped accepting convicts
So transported to other areas
But they stopped accepting = no more
43
Early industrial era prison use
For holding offenders awaiting trial
Mostly debtors as well
44
Why did debtors hold the majority for prisoners in early industrial era?
Because to leave they had to pay a fee
Couldn’t afford as they were already in debt
45
Why did prison reform happen in industrial era?
Influence of prison reformers
End of transportation
Change in public attitudes
Change in gov attitudes
Debates on prisoner treatment
46
Prison reformer: John Howard proposals
More spacious + hygienic buildings
Better salaries for people in charge of prison
Training prisoners for useful labour + reformation
Inspect prisons
47
What did prison reformer John Howard achieve?
MPs passed:
Gaol fever bill = regular cleaning of prisons + inspection
Remove jail release fee
48
Prison reformer: George O Paul proposals
Bill to ensure prisons have:
Security = staff can see what happens
Health = new prisoners must be washed. Have exercise regularly
Separate prisons based on crimes, gender.
49
What did prison reformer George O Paul achieve?
Badgered Parliament to pass his bill which they did
50
What was Elizabeth fry’s prison reform group?
Association for the improvement of women prisons in new state
51
Prison reformer: Elizabeth Fry proposals
Female wardens at female prison not men
Schools created for them and their children
Regular work eg needlework
52
What did prison reformer Elizabeth fry achieve?
Ladies prison committee visits prisons and makes changes
Newsgate prison conditions improved
Effected other prisons too
53
Ending of transportation effect on prison reform
Government was forced to find a new solution to housing criminals as transportation abolished
54
Changing of public attitudes on prison reform?
Concern over bloody code = capital crimes reduced
So criminals had to be put in prison
55
Changing of government attitudes on public reform?
Began passing more prison acts
Took more humanitarian responses to multiple different issues
56
Debates on how to treat prisoners effect on prison reform?
Debates on what system to use in prison to reform the criminal eg silent or separate system
So prisons began adopting different methods
57
Separate system
Reforming prisoners through isolation. Believed that:
More likely to breakdown = more ready to listen to religious teaching
Exercised, prayed, ate separately
58
Silent system
Make prisoners work in absolute silence in unpleasant conditions
Did laborious tasks
59
Treadmill use in silent system
Run for 10 mins, break for 10 mins
Repeat
60
The crank use in silent system
Turn handle in the cell 1000 times a day
61
Oakumpicking in silent system
Cleaning rope from ships covered in tar
62
Shot drill in silent system
Exercise by passing heavy cannon ball up and down line of prisoners
63
Gaols act 1823 points
Prison in every county paid by local taxes
JPs inspect prisons + report
System of discipline for prisoners
Had to be secure + healthy
Gaoler received salary
Separated by age and gender
64
How did Gaols act of 1823 improve prison conditions?
Prevent overcrowding = distribution of prisons across country
MPs aware of prison conditions
Prevented inmate violence
Cleaner well ventilated
Protect inmates from certain demographics
Gaolers take job more seriously
65
Prison acts of 1865 and 1877
Due to increasing government influence
Made prisons under home office control and have stricter rules
66
Prison act 1865
Confirmed prisons as punishment not reform
Hard Labour
Hard flat board beds
Corporal punishment for misdemeanours
More prisons under gov control
67
Prison act 1877
Central organisation of whole system
All prison under home office control
Committee runs all prisons in UK
68
Borstals in 20th century
A place for young offenders focusing on reformation
Through strict discipline and a bit of corporal punishment
69
Why were borstals set up?
Change in attitude to favour reformation in young people
Experiment on young offenders showed this to be preferred method
70
1908 prevention of crime act
Set up borstals for young offenders
71
When was corporal punishment abolished in borstals?
1962
72
When were borstals abolished?
1982
73
Where did young offenders go after borstals were abolished?
Youth detention centres then supervision period
Young offenders institution for more serious crimes
74
Open prisons
For category D prisoners who were trusted not to escape
Could work in local community
More freedoms
Focus on learning skills to implement back into society
75
Why did 20th/21st century want to find alternatives to prison?
Because prisons were overcrowding
76
Contemporary alternatives to prison
Probation
Suspended prison sentences
Parole
Community service
Electronic tagging
77
Probation
Offender allowed in society
Followed orders
Met with parole officer
Attend courses for help
78
Suspended prison sentences
Not go to prison immediately
But follow set rules
If not comply = prison
79
Parole
Let out of prison early and follow probation rules
80
Community service
Unpaid work to benefit the community
Eg litter picking, graffiti removal, gardening
81
Abolition of corporal punishment in 20th century
Following a change of attitude from people as it was a medieval punishment
Belief it was too tough
82
Abolition of capital punishment in 20th century
More popular idea mid 1900s
Following cases of people who received it that weren’t justified
83
Rode to end of capital punishment
1957 = only for 5 forms of murder
1965 = introduction of act to abolish death penalty
1969 = act made permanent
84
Pros of capital punishment
Dead murderers can never recommit
Satisfies victims families
In retribution
Reformation not certain
Not fair to pay to keep them in prison
85
Cons of capital punishment
Someone can be falsely accused
DNA not fool proof
Doesn’t help giving families
Costs more
Reformation can work
Crimes of passion
86
Examples of continuity in methods of punishment
Use of prison has began forever yet developed
Use of curfews reintroduced from medieval era
Corporal + capital punishment remained for majority of eras
