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Nature of punishment Flashcards

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1
Q

Trial

A

A way of determining someone’s guilt for a crime

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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

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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

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4
Q

Types of trial by ordeal

A

Trial by cold water
Trial by hot iron
Trial by hot water
Trial by blessed bread

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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

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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

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7
Q

Trial by hot iron

A

Used for women
Holds hot iron
Bandaged hand up
If healed = god helped = innocent

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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

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9
Q

Types of punishment

A

Corporal
Capital
Exclusion
Compensatory

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10
Q

Corporal

A

Inflicting pain/ mutilation on body

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11
Q

Capital

A

Execution

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12
Q

Exclusion

A

Removing someone from society

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13
Q

Compensatory

A

Paying money to compensate victim of state

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14
Q

Purpose of punishment

A

Deterrence
Reform
Maintain the law
Protection
Retribution

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15
Q

Deterrence

A

Showing consequences to stop others from doing the crime

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16
Q

Reform

A

Reform characters of defenders to prevent crime happening in the first place

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17
Q

Protection

A

Protect rest of society from criminale

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18
Q

Retribution

A

Give offenders what they deserve for the crimes they caused

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19
Q

Punishments in medieval era

A

Fines
Whipping
Stocks and pillory
Mutilation
Execution
Imprisonment

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20
Q

Fines in medieval era

A

Fines to the victim if still alive/family
Or paid to the Norman crown

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21
Q

Whipping in medieval era

A

Happened in public to deter others

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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

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23
Q

Mutilation in medieval era

A

Cutting off body extremities for regular offenders

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24
Q

Execution in medieval era

A

Being hanged, buried alive, thrown off cliffs or burnt
For the most serious crimes

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25
Q

Imprisonment in medieval era

A

Bad conditions
For debtors and people awaiting for trial

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26
Q

Stocks and in early modern era

A

For petty crimes:
Runaway servants
Drunk people
Vagrants

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27
Q

Pillory in early modern era

A

For slightly more serious crimes:
Sexual misconduct
Perjury
But also not so:
Cheating at cards

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28
Q

Execution in early modern era

A

For major crimes:
Murder
Treason
Arson

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29
Q

Punishment in early modern era for vagabonds

A

Whipping
Burning with hot iron
Branded with a V

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30
Q

1572 vagabonds act

A

Idle poor people over 14 years old can have corporal punishment
Eg burnt with right ear and whipped

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31
Q

Tyburn tree

A

Used during early industrial era to hang multiple offenders at once in public

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32
Q

Transportation in industrial era

A

Sending prisoners overseas to colonies
Started off in America then to Australia

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33
Q

Why was transportation implemented?

A

If hanging was too harsh
Builds up the empire
Prevented prison overcrowding
Gives prisoners fresh start and hard work to reform
Protects british society

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34
Q

Why did transportation to America stop?

A

USA won war of independence
So couldn’t transport them in the empire

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35
Q

After transportation to America stop, how were prisoners dealt with?

A

Kept temporarily in hulks

36
Q

Hulks

A

Disused war ships being repurposed to hold criminals
Following end of transportation to USA meaning overcrowded prisons

37
Q

Conditions on hulks

A

Health + sanitary conditions = very poor
Frequent riots and disorder
Meany prisoners died

38
Q

Typical day on a prison hulk

A

Wake up at 5:30
Breakfast at 6
Leave ship at 7
Laborious unskilled work eg carrying coal or building forts

39
Q

Transportation to Australia

A

Following colonisation of Australia
To begin this again as hulks were ineffective and overcrowded

40
Q

Conditions for transported prisoners in Australia?

A

Farm workers = remote so master could be harsh
Domestic = good because treated as family member
Labour gangs = bad

41
Q

Why were reasons for end of transportation in Australia?

A

Not enough of a deterrent
Very expensive
Australians didn’t like country being dumping ground for criminale

42
Q

How did transportation to Australia eventually end?

A

New South Wales stopped accepting convicts
So transported to other areas
But they stopped accepting = no more

43
Q

Early industrial era prison use

A

For holding offenders awaiting trial
Mostly debtors as well

44
Q

Why did debtors hold the majority for prisoners in early industrial era?

A

Because to leave they had to pay a fee
Couldn’t afford as they were already in debt

45
Q

Why did prison reform happen in industrial era?

A

Influence of prison reformers
End of transportation
Change in public attitudes
Change in gov attitudes
Debates on prisoner treatment

46
Q

Prison reformer: John Howard proposals

A

More spacious + hygienic buildings
Better salaries for people in charge of prison
Training prisoners for useful labour + reformation
Inspect prisons

47
Q

What did prison reformer John Howard achieve?

A

MPs passed:
Gaol fever bill = regular cleaning of prisons + inspection
Remove jail release fee

48
Q

Prison reformer: George O Paul proposals

A

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
Q

What did prison reformer George O Paul achieve?

A

Badgered Parliament to pass his bill which they did

50
Q

What was Elizabeth fry’s prison reform group?

A

Association for the improvement of women prisons in new state

51
Q

Prison reformer: Elizabeth Fry proposals

A

Female wardens at female prison not men
Schools created for them and their children
Regular work eg needlework

52
Q

What did prison reformer Elizabeth fry achieve?

A

Ladies prison committee visits prisons and makes changes
Newsgate prison conditions improved
Effected other prisons too

53
Q

Ending of transportation effect on prison reform

A

Government was forced to find a new solution to housing criminals as transportation abolished

54
Q

Changing of public attitudes on prison reform?

A

Concern over bloody code = capital crimes reduced
So criminals had to be put in prison

55
Q

Changing of government attitudes on public reform?

A

Began passing more prison acts
Took more humanitarian responses to multiple different issues

56
Q

Debates on how to treat prisoners effect on prison reform?

A

Debates on what system to use in prison to reform the criminal eg silent or separate system
So prisons began adopting different methods

57
Q

Separate system

A

Reforming prisoners through isolation. Believed that:
More likely to breakdown = more ready to listen to religious teaching
Exercised, prayed, ate separately

58
Q

Silent system

A

Make prisoners work in absolute silence in unpleasant conditions
Did laborious tasks

59
Q

Treadmill use in silent system

A

Run for 10 mins, break for 10 mins
Repeat

60
Q

The crank use in silent system

A

Turn handle in the cell 1000 times a day

61
Q

Oakumpicking in silent system

A

Cleaning rope from ships covered in tar

62
Q

Shot drill in silent system

A

Exercise by passing heavy cannon ball up and down line of prisoners

63
Q

Gaols act 1823 points

A

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
Q

How did Gaols act of 1823 improve prison conditions?

A

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
Q

Prison acts of 1865 and 1877

A

Due to increasing government influence
Made prisons under home office control and have stricter rules

66
Q

Prison act 1865

A

Confirmed prisons as punishment not reform
Hard Labour
Hard flat board beds
Corporal punishment for misdemeanours
More prisons under gov control

67
Q

Prison act 1877

A

Central organisation of whole system
All prison under home office control
Committee runs all prisons in UK

68
Q

Borstals in 20th century

A

A place for young offenders focusing on reformation
Through strict discipline and a bit of corporal punishment

69
Q

Why were borstals set up?

A

Change in attitude to favour reformation in young people
Experiment on young offenders showed this to be preferred method

70
Q

1908 prevention of crime act

A

Set up borstals for young offenders

71
Q

When was corporal punishment abolished in borstals?

A

1962

72
Q

When were borstals abolished?

A

1982

73
Q

Where did young offenders go after borstals were abolished?

A

Youth detention centres then supervision period
Young offenders institution for more serious crimes

74
Q

Open prisons

A

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
Q

Why did 20th/21st century want to find alternatives to prison?

A

Because prisons were overcrowding

76
Q

Contemporary alternatives to prison

A

Probation
Suspended prison sentences
Parole
Community service
Electronic tagging

77
Q

Probation

A

Offender allowed in society
Followed orders
Met with parole officer
Attend courses for help

78
Q

Suspended prison sentences

A

Not go to prison immediately
But follow set rules
If not comply = prison

79
Q

Parole

A

Let out of prison early and follow probation rules

80
Q

Community service

A

Unpaid work to benefit the community
Eg litter picking, graffiti removal, gardening

81
Q

Abolition of corporal punishment in 20th century

A

Following a change of attitude from people as it was a medieval punishment
Belief it was too tough

82
Q

Abolition of capital punishment in 20th century

A

More popular idea mid 1900s
Following cases of people who received it that weren’t justified

83
Q

Rode to end of capital punishment

A

1957 = only for 5 forms of murder
1965 = introduction of act to abolish death penalty
1969 = act made permanent

84
Q

Pros of capital punishment

A

Dead murderers can never recommit
Satisfies victims families
In retribution
Reformation not certain
Not fair to pay to keep them in prison

85
Q

Cons of capital punishment

A

Someone can be falsely accused
DNA not fool proof
Doesn’t help giving families
Costs more
Reformation can work
Crimes of passion

86
Q

Examples of continuity in methods of punishment

A

Use of prison has began forever yet developed
Use of curfews reintroduced from medieval era
Corporal + capital punishment remained for majority of eras

History (36 decks)

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