Paper 1B: Crime & Punishment Flashcards
Anglo Saxon c1000-c1066
What was the Wergild fine and what was it replaced by after the Norman Conquest? (3)
- The wergild fine was compensation paid to the victim or their family if the offender has killed/mutilated them in some way
- Replaced by the Murdrum Fine
Anglo Saxon c1000-c1066
Explain 2 forms of local law enforcement (4)
One form of local law enforcement is the tithing. These are groups of 10 men (12+) who would keep eachother from not committing a crime
Another form of local law enforcement is the Hue & Cry where the local community would toll a bell if they saw any criminal activity and the whole community would go after them.
Anglo Saxon c1000-c1066
Define the term Kings’ Peace (1)
The duty of the King to protect and defend his kingdom
Anglo Saxon c1000-c1066
Explain Trial By Ordeal (2)
When the accused would have a ‘trial before the eyes of God’ whereby, they would put their hands in scalding hot water or cold water or hot iron. If they were guilty, they would not heal, there was no room left for deniability.
Anglo Saxon c1000-c1066
Define Corporal and Capital Punishment (two)
Corporal - Inflicting physical pain on criminal
Capital - the death penalty
Anglo Saxon c1000-c1066
State the punishment(s) for with examples for each:
Crimes against people
Crimes against authority
Crimes against property
People - punishments: wergild, stocks and pillory e.g. murder
Authority - punshments: hanging e.g treason
Property - punishments: mutilation, fines
Norman’s c1066
Why were the punishments in Norman England made harsher? (three)
- Deter people
- Prevent rebellion
- Increase authority & power
Norman’s c1066
How was the purpose of Motte & Bailey castles different to their purpose in the Saxon period? (4)
Motte & Bailey castles were used as a secure military base to protect the power of the Norman lords as self-interest.
In the Anglo Saxon’s period, castles were different as they were used to protect the kingdom from attack
Norman’s c1066
Why was the Murdrum fine introduced? (3)
When a Norman was murdered by a Saxon, the criminals lord would pay a fine to the king, and once exhausted, his hudered shall pay.
- to prevent blood feuds
- to deter other and establish authority
Norman’s c1066
What are the Forest Laws and why were they introduced? (4)
Why was it a social crime?
The forest laws made poaching and even getting firewood from the royal forests illegal. This was seen as a social crime since what was previously accessible to everyone in the saxon period now caused famine since people could not afford the royal permit
Norman’s c1066
Explain Trial by Combat (3)
Trial by Combat was when wealthy individuals would settle money disputes by fighting to the death. This was a more dignified option for them.
Norman’s c1066
Give 2 examples of Norman Punishment and the reason they were carried out (2)
- Branding (humiliation)
- fines paid to the king (detterance, blood feud)
Norman’s c1066
Explain the similarities and differences between the Saxons ‘Kings peace’ and the Normans ‘Kings Mund’ (4)
The kings peace was the duty of the kings to protect and defend his kingdom
The kings mund was the idea that all men would live safely from crime under the kings rule
The Middle Ages
Why was there rising crime? (2)
The population increase in towns allowed more opportunity for crime without being detected since not everyone knew eachother
The Middle Ages
Explain the Statute of Labourers and the change and continuity of it (2)
It was a law prohibiting employers to ask for higher wages above the maximum. The change was that the law was not decided by the King alone, but by Parliament too. The continuity was that the Norman’s also made laws based on self-interest
The Middle Ages
Explain the new punihment against heresy (two)
- The punishment was being burnt at the stake
- this was to deter others and to increase the influence of the Church
The Middle Ages
What was the punishment for High Treason and why? (2)
Hung, drawn and quatered - horrifying detterant
The Middle Ages
Explain 2 ways in which the legal system became more centralised (4)
Talk about:
Govt Officials with Church
Parliament
One way in which the legal systems became more centralised was that Government officials now worked alongside the Church. For example, Coroners had the power to arrest the suspect but secular authorities punished them.
Another way in which the legal systems became more centralised was that Parliament had a voice with the King to deicde laws. For example, the Statute of Labourers was proposed by Parliament and approved by the King
The Middle Ages
Explain features of the ‘Assize of Claredon’ (4)
Assize of Claredon were non-purpose built holding areas for suspects awaiting trial. One feature was that they were mixed so serious criminals would be with the petty offenders which meant that some petty criminals would come out knowing more about crime by learning from the serious offenders.
Another feature was that they had very poor sanitation which caused many people to become sick or die from the diseases they caught.
The Middle Ages
Why was the Constitution of Claredon established? (4)
Talk about:
Church Courts
Offering Sanctuary
The Const.of Claredon was a statement of relationship between the King and the Church. William did this because he felt threatened by the Churches immense influence. For example, the seperate Church Courts meant that people relied on them for trials (trial by ordeal - no room left for deniability). There was also no forensic evidence to involve in secular trials so this was fully influential at the time.
Another example is that the Church offered sanctuary to offenders who wanted to avoid trial so they were not allowed to be touched by secular authorities, hence, they had too much separate power compared to secular authorities.
Early Modern England c1500-1700
Why were there conceptions of rising crime and why was it true? (6)
Talk about:
Political Instability
Printing press
Travellers
Political instability from the Civil war resulted in economic instability which made people resort to crime out of necessity.
Since the invention of the printing press, high levels of crime have been publicised which creates an impression that it is happening all the time.
Since the development of roads due to industrialisation, many people have been travelling in and out of towns spreading gossip.
Early Modern England c1500-1700
What were the Poor Laws 1601 and the Vagrancy Act? (4)
Poor Laws 1601 - Distinguished the poor between ‘deserving poor’ and ‘un-deserving’ poor which allowed the underserving to be flogged and sent back to their town.
Vagrancy Act 1601 - Punished any able-bodied person who refused to work to be branded with a ‘V’ and sold into slavery
Early Modern England c1500-1700
Why were vagabonds punished harshly? (2)
It was believed to be a sin if you were lazy and to deter others from being a vagabond who resorts to crime
Early Modern England c1500-1700
Discuss the reason for Changing defintions of crime in early modern England (6)
Talk about:
Vagrancy Act
Game Act
Smuggling
Ambivalent monarchy
With an increase in population, unemployability rate increased, many were vagrants in the town which meant that there was more opportunity for crime and also resort to crime
Previously accessible natural resources were now taken control by powerful landlords who enclosed these supplies so people out of necessity stole
The govt had increased import duties on certain goods which meant that smuggled items were cheaper to buy. This was hard to enforce since even the rich bought from them
The ambivalence of the monarchy meant that definitions of treason and heresy changed. For example, under Henry V, it was treason to be protestant and heresy to be catholic
Early Modern England c1500-1700
Why was transportation to North America established? (5)
- Bloody Code was seen as inhumane
- Cheaper alternative
- To establish secure colonies in North.A
- Rehabilitation ideas surfaced
- Public executions from the Bloody Code were seen as carnival sites (lack of detterant)
- Prisons were not a feasible alternative