Paper 1B: Crime & Punishment Flashcards

1
Q

Anglo Saxon c1000-c1066

What was the Wergild fine and what was it replaced by after the Norman Conquest? (3)

A
  • 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
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2
Q

Anglo Saxon c1000-c1066

Explain 2 forms of local law enforcement (4)

A

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.

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3
Q

Anglo Saxon c1000-c1066

Define the term Kings’ Peace (1)

A

The duty of the King to protect and defend his kingdom

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4
Q

Anglo Saxon c1000-c1066

Explain Trial By Ordeal (2)

A

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.

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5
Q

Anglo Saxon c1000-c1066

Define Corporal and Capital Punishment (two)

A

Corporal - Inflicting physical pain on criminal
Capital - the death penalty

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6
Q

Anglo Saxon c1000-c1066

State the punishment(s) for with examples for each:

Crimes against people
Crimes against authority
Crimes against property

A

People - punishments: wergild, stocks and pillory e.g. murder

Authority - punshments: hanging e.g treason

Property - punishments: mutilation, fines

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7
Q

Norman’s c1066

Why were the punishments in Norman England made harsher? (three)

A
  • Deter people
  • Prevent rebellion
  • Increase authority & power
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8
Q

Norman’s c1066
How was the purpose of Motte & Bailey castles different to their purpose in the Saxon period? (4)

A

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

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9
Q

Norman’s c1066

Why was the Murdrum fine introduced? (3)

A

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

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10
Q

Norman’s c1066

What are the Forest Laws and why were they introduced? (4)

Why was it a social crime?

A

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

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11
Q

Norman’s c1066

Explain Trial by Combat (3)

A

Trial by Combat was when wealthy individuals would settle money disputes by fighting to the death. This was a more dignified option for them.

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12
Q

Norman’s c1066

Give 2 examples of Norman Punishment and the reason they were carried out (2)

A
  • Branding (humiliation)
  • fines paid to the king (detterance, blood feud)
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13
Q

Norman’s c1066

Explain the similarities and differences between the Saxons ‘Kings peace’ and the Normans ‘Kings Mund’ (4)

A

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

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14
Q

The Middle Ages

Why was there rising crime? (2)

A

The population increase in towns allowed more opportunity for crime without being detected since not everyone knew eachother

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15
Q

The Middle Ages

Explain the Statute of Labourers and the change and continuity of it (2)

A

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

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16
Q

The Middle Ages

Explain the new punihment against heresy (two)

A
  • The punishment was being burnt at the stake
  • this was to deter others and to increase the influence of the Church
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17
Q

The Middle Ages

What was the punishment for High Treason and why? (2)

A

Hung, drawn and quatered - horrifying detterant

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18
Q

The Middle Ages

Explain 2 ways in which the legal system became more centralised (4)

Talk about:

Govt Officials with Church
Parliament

A

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

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19
Q

The Middle Ages

Explain features of the ‘Assize of Claredon’ (4)

A

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.

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20
Q

The Middle Ages

Why was the Constitution of Claredon established? (4)

Talk about:

Church Courts
Offering Sanctuary

A

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.

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21
Q

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

A

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.

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22
Q

Early Modern England c1500-1700

What were the Poor Laws 1601 and the Vagrancy Act? (4)

A

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

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23
Q

Early Modern England c1500-1700

Why were vagabonds punished harshly? (2)

A

It was believed to be a sin if you were lazy and to deter others from being a vagabond who resorts to crime

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24
Q

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

A

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

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25
Q

Early Modern England c1500-1700

Why was transportation to North America established? (5)

A
  • 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
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26
Q

Early Modern England c1500-1700

Explain rural crimes and why they occurred (3)

A

Rural crimes consisted of collecting resources e.g. firewood or poaching from enclosed areas owned by powerful landlords. This meant that the poor suffered from famine and so they stole out of necessity

27
Q

Early Modern England c1500-1700

Describe 2 roles of local law enforcment (4)

A

One role of local role enforcement was the night watchmen which were volunteer positions at night who enforced curfew and caught suspicious activity

Another role of local role enforcement was the town contsables who were expected to turn seroius criminals into courts, arrest some suspects without need of a warrant and also to help with local administrative issues

28
Q

Early Modern England c1500-1700

What was the Bloody Code and why was it abolished? (6)

A

The Bloody Code was when almost 50 crimes were punished by the death sentence. it was abolished because:

  • Many were not carried out since the crime did not match the punishment and you could plea your case (Plead for Belly)
  • Changing attitudes towards punshments meant that people thought it was inhumane
  • Rehabilitation ideas surfaced
  • Reforms of Robert Peel
  • Public execution site was seen as a carnival day
  • Transportation was a more human alterantive
29
Q

Early Modern England c1500-1700

Explain the long term consequences of the Gunpowder Plot 1605 (5)

  • Thanksgiving Act 1605
  • Popish Recusants Act 1606
A

Thanksgiving Act 1605 - Catholics were banned from doing any legal proffesion or working in the armed services

Popish Recusants Act 1606 - Catholics were forced to pledge alleignace to the crown

30
Q

Early Modern England c1500-1700

Discuss attitudes of women and how it affected accussations of Witchcraft (4)

A

Due to the ongoing instability from the civil war, economic and political instability on top of crop failiure, the public needed a scape goat to blame their troubles.

Some women would treat the poor with herbal remedies as they had no where to go for medical aid and so men accused them of witchcraft especially since they were seen as ‘wise’ healers

31
Q

Early Modern England c1500-1700

What factors increased the accusations of Witchcraft? (6)

Talk about:

Demonologie
Mathew Hopkins
Insability

A

When James I published Demonologie, it influenced hyper-awareness to the detection of them and hightened fear

Mathew Hopkins was a self acclaimed Witch hunter general who conducted trials in order to find Witches which exaceberated fear and extreme hysteria

Insability from the civil war resulted in widespread poverty, crop failiure and fear which made the public find a scape goat to blame their troubles which was women

32
Q

Early Modern England c1500-1700

Give 2 examples of Mathew Hopkins trials (2)

A

One example is the ‘sink or swim’ test where he would drown the woman in a barrel and if she survived, she was a witch

Another example is looking for any strange body parts like skin pigmentation

33
Q

Early Modern England c1500-1700

Explain the factors which decreased accusations against witchcraft (3)

A

The death of Hopkins made the hysteria die down since he was the reason of the extreme hysteria

The establishment of the Royal Society prompted a more rational approach and physical evidence for accusations in court

This scientific approach also encouraged enlightenment ideas

34
Q

Early Modern England c1500-1700

State the first and last law against Witchcraft (2)

A

Witchcraft Act 1542 - Death penalty to witches

Witchcraft Act 1735 - Witches seen as confident tricksters, punished with fines and prison

35
Q

c1700-c1900

Explain the continuity of Smuggling (3)

A

Since the govt raised import taxes on goods, it was more economical to buy smuggled goods. The smugglers operated at night on unmonitored coasts and were also protected by the rich customers who bought from them so smuggling was difficult to enforce.

36
Q

c1700-c1900

Explain the change & continuity of highway robbery (6)

A

Initially, highway robbery had an influx due to the development of roads which had increased travel to other towns. Many people carried valuables and large sums of money with them so it was easy to steal from them. People who travelled in more quiet areas were easily robbed too.

After the development of early banks, people did not carry valuables or large sums of money with them so highway robbery decreased. Mounted patrols were also introduced on highways so they enforced the law. Therefore, highway robbery had decreased.

37
Q

c1700-c1900

Explain the change & continuity of poaching [Black Act] (3)

A

Poaching was widespread with gangs operating in large scales. Hence, the Black Act was introduced which meant that people could no longer ‘blacken’ their faces or travel with animals which could be used for poaching so therefore, poaching decreased.

38
Q

c1700-c1900

Why did transportation switch to Australia? (2)

A

North America had gained independance so they were no longer a colony of England

To establish colonies in Australia

39
Q

c1700-c1900

Explain the end of transportation (6)

A
  • It was seen as inhumane since the conditions on the ship caused diseases - etc
  • People wanted to go to Australia for a new life so it was seen as desirable instead of a detterant
  • Changing attitudes to punishments meant that people advocated for rehabilitation
  • Developent of prisons meant that it was a cheaper and more feasible alternative
  • Settlers said that ex convicts lead to more crime
  • Settlers hated them since they took jobs thus, high unemployment
40
Q

c1700-c1900

Explain the end of public executions (5)

A
  • Changing attitudes to punishments meant that people advocated for rehabilitation
  • It was seen as inhumane
  • Public execution sites resulted in more crime due to servere crowding and the drunkards
  • Sites had a cheerful atmosphere so it was not a detterant in any way
  • Some crowds mocked authority by treating the condemned as a hero
41
Q

c1700-c1900

Explain why a prison reform occured (two)

A

-Humanitarian ideas resulted to people advocating rehabilitation

-The reforms of Elizabeth Fry coupled with John Howard also influenced this

42
Q

c1700-c1900

Discuss the work of Elizabeth Fry and John Howard (6)

A
  • Fry focused her attention on improving the maintenence of woman and children by making sure that they received educational classes on the Bible and sewing too
  • She ensure that they were dealt with by female wardens to avoid harassment
  • She gave them furniture to improve the quality of life
  • Howard focused on the gaolers pay to ensure exploitation was prevented
  • Campaigned for better living conditions e.g. Sanitisation, bible classes, individual cells - etc
43
Q

c1700-c1900

Discuss the features of Pentonville Prison (5)

A
  • Separate cells for everyone
  • 5 Wings to hold many prisoners
  • Mechanical ventilation system
  • Modern heating system
  • Modern domestic technology
44
Q

Industrial Period c1700-c1900

Explain the Separate and Silent systems (two)

A

Silent: Prisoners worked together but were prohibited to talk to eachother by wearing masks - detterant

Separate: Prisoners kept in soliftary confinment, only leaving cell for Bible classes and excersise - reflection

45
Q

Industrial Period c1700-c1900

How did society view the seperate system? (two)

A

Society did not like the system since it made prisoners go insane in the solitude so this increased suicide rates.

But the advantage was that criminals did not learn from others and instead they could reflect on themselves

46
Q

Industrial Period c1700-c1900

Discuss the living conditions of Pentonville Prison (4)

A

One living condition of the Pentonville prison was the modern domestic tehcnology in each cell. For example, water pipes for the sink. This made sure that prisoners did not leave the cell except for bible classes and excersise which let them reflect on their actions alot.

Another living condition of the Pentonville prison was the mechanical ventiltion system which made sure that disease did not spread and prisoners got fresh air in the cells.

47
Q

Industrial Period c1700-c1900

Discuss the reforms of Robert Peel in terms of the Gaols Act 1823 and its criticims (4)

A

The Gaols Act ensured that gaolers were paid to avoid exploitation, female prisoners were handled by female wardens and that prisoners should not be held in chains

The law was inefficient and brought little change since the law was not enforced well

48
Q

Industrial Period c1700-c1900

Explain the criticims of the Metropolitan Police Force that Robert Peel established (3)

A
  • They had a military style presence and caused a fear of oppresion
  • They were poorly trained
  • They had inadequate supplies with just a truncheon to defend themselves whilst criminals had more lethal weapons
49
Q

c1900-present

Explain 4 laws which decriminalised certain crimes (four)

A
  • Sexual Offences Act [allowed men over 21 to be homosexual]
  • Race Relations Act [illegal to refuse services on the basis of their race/ethnicity]
  • Domestic Violence Act [prohibited rape within marriage, controlling/coercive behaviour and allowed victims to ask for an injuction]
  • Abortion Act [allowed abortion but only under certain conditions e.g. if it was life threatening]
50
Q

c1900-present

Discuss how new opportunities affected crime (4)

Talk about:

Terrorism
People trafficking
Cybercrime
Extortion

A

Terrorism could be done online now which meant that it was more dangerous since identities were concealed

People trafficking increased since people were tricked into things since identities were concealed

Cybercrime increased because of the internet

Extortion which had happened in person previously, now happened online to blackmail people to gain money

51
Q

c1900-present

State 3 developments in technology and science to help the Police law enforcement (3)

A
  • DNA database which allowed police to identify criminals
  • Police National Computer which kept millions of records
  • Fingerprint branch to develop evidence
52
Q

c1900-present

Explain 3 non-custodial punishments and why they were implemented (3)

A
  • Probation which fit the crime to the punishment but allowed convict to be monitored
  • Community service which fit the crime to the punishment and gave back to the community
  • Electronic tagging allowed convict to be monitored
53
Q

c1900-present

Explain the Case of Derek Bently and his influence (4)

A

Derek Bently was sentenced to death for joint accomplice in a shooting of a police officer. He said ‘let him have it’ to his accomplice but there are several interpretations to this comment which was inspected very poorly

Bently also held diminished responsibility since he has the mental age of a child so this unjustified accusation contributed to public outrage and the eventual end of the death penalty

54
Q

c1900-present

Explain the Case of Ruth Ellis and her influence (4)

A

Ruth Ellis killed her husband out of self defense since he serverely abused her so much so, that she had a miscarriage

The court had insufficient context so this unjustified accusation contributed to public outrage and the eventual end of the death penalty

55
Q

c1900-present

Explain the Case of Timothy Evans and his influence (4)

A

Timothy Evans was wrongly accused of murdering his wife and children and was sentenced to death. They later found out that it was acctually the neighbour. This incorrect accusation led to public backlash and contributed to the eventual end of the death penalty

56
Q

c1900-present

Explain 1 form of local law enforcement and its criticims (4)

A

One form of local law enforcement was the neighbourhood watch which was volunteers of the community who raised awareness about crime and kept a watch for crime.

It was ineffective since it was mainly in wealthy areas which did not have taht much crime whilst poorer areas were unregulated. Another criticism was that the volunteers were mainly older people who wanted the opportunity to be nosy.

57
Q

c1900-present

State the reasons as to why the death penalty was abolished (five)

A
  • Changing attitudes to crime meant that people advocated rehabilitation
  • Seen as an inhumane punishment
  • Incorrect allegations e.g. Derek Bently, Ruth Ellis, Timothy Evans
  • Seen as un-Christian
  • Executions were barely being carried out so it was redundant
58
Q

c1900-present

Describe the alternatives to prison (three)

A

Community Service: Detterant, hard labour to give back to the community, graduated system

Restraining orders: e.g ASBO to keep people away from certain places/people

Curfews: strict rules about where person can go at certain times, ensures saftey of public and restraint

59
Q

c1900-present

Explain the Criminal Justice Act 1948 (two)

A

This established a graduated system of prisons which fit the punishment to the crime for example; detention centres for juveniles which were more relaxed and focused on educating

60
Q

c1900-present

Describe the treatment of Conscientious Objectors in WW1 and why this was so harsh (6)

A
  • COs were beaten on the street
  • They were sent to the French war front as a punishment
  • They were imprisoned as a hope to spoil their determination
  • The govt needed many soldiers to fight due to the casualty rate
  • The govt advocated propaganda which portrayed COs as cowardly and unpatriotic

Punishments were harsh to stop spread of pacifist ideas and to detter people from becoming COs

61
Q

c1900-present

Explain the factors that changed the tolerance towards CO’s in WW2 (three)

A
  • Punishing COs would be hypocritical against the Nazis since it made them similar
  • The Govt urged the population to stand united against Germany
  • With the chaos of the war, there wasnt much attention directed towards COs
62
Q

c1900-present

Define the term ‘diminished responsibility’ and why it was a factor abolishing the death penalty (4)

A

Diminished responsibilty refers to people who have mental disabilities or are below the age of criminal responisibility and how they should not be held accountable for their actions.

Derek Bently had a condition of diminished responisbility which made his sentence to be an unfair accusation

63
Q

c1900-present

Explain the Impact of the Derek Bently case in Parliament (two)

A

A petition with 200 signatures was signed by the House of Commons.

The Homicide Act 1957 which allowed leniency towards people with diminshed responsibility