Punishments Flashcards
What were the two different categories of trial in the medieval period?
Trial by jury or ordeal
What was the jury in trial by jury made up of?
Men from the village decided based on the character of the accused
Describe trial by blessed bread?
-usually for priests
-bread was blessed so that it would choke the accused if they were guilty
-if he choked on the bread, he was guilty
What was trial by cold water?
-the accused was lowered into a pond/river on a rope
-if they floated they were guilty
What was trial by hot iron?
-accused picked up red hot weight
-hand was bandaged
-if it was infected after 3 days, they were guilty
What was trial by hot water?
-the accused put their hand into boiling water
-hand bandages
-if infected after 3 days then they were guilty
What was trial by combat?
-involved men in dispute fighting each other till one was killed/could no longer fight
-if you lost but lived, you were guilty and were hung
What are the 5 different types of punishment?
-Corporal (inflicting pain/mutilation)
-capital (execution)
-humiliation
-exclusion (from society)
-compensatory (paying money to compensate the victim or state)
What are the 5 different purposes of crime?
-deterrence
-reform
-maintinence of law and order
-protection (of society)
-retribution (criminals deserve punishment)
What punishments existed in the medieval period?
-fines
-whipping
-stocks and pillory
-mutilation
-execution
-imprisonment
Describe fines in the Saxons vs Norman?
-Wergild = saxon fines that go to the victim
-Norman = fines paid to crown
What were the Medieval stocks/pillory?
Public stocks or a cucking stool
What was multilation in the medieval period for?
Eg cutting limbs off for regular offenders of crimes like theft
Describe medieval imprisonment
-there were very few gaols so it was only used for those awaiting trials
-rich could choose to be locked in a castle
When was the vagabonds act?
1572
What did the vagabonds act say?
Whipping, burning a hole in the ear with a hot iron or being branded with a V were all punishments given to vagabonds
What crimes were punishable by the stocks in the early modern to industrial periods?
-drunkenness
-profaners
-gamblers
-vagrants
-failure to pay tax on time
What crimes were punishable by the pillory in the early modern-industrial periods?
-dishonest traders
-persistent swearing
-cheating at cards
-sex crimes (especially involving children)
-
What crimes were punishable by execution in early modern - industrial periods?
-murder
-treason
-arson
-stealing over one shillings worth
What was Tyburn?
The Tyburn Tree was a triangular gallows in London designed to hang multiple people at once
How many people were executed at Tyburn?
1,232
What percentage of executions at Tyburn were of men under 21?
90%
How many people attended the execution of Jack Shepard at Tyburn?
200,000
Why did Britain chose to implement transportation?
-it was a middle ground punishment = more extreme than whipping but less extreme than excecution
-it would help Britain populate its colonies
-imprisonment was expensive
Why did transportation to America end? When?
-becuase America won the war of independence and didn’t want their criminals any more
-1776
When did transportation to America start?
1678
When did the last convict ship arrive in Australia?
1868
What emerged due to the sharp increase in the prison population after transportation to America stopped?
-hulks
-old warships that housed criminals
What were the advantages/disadvantages of hulks?
-advantage = provided extra space to compensate for overcrowded prisons
-disadvantages = captains made no effort to keep ships clean, lack of supervision led to violence
How many convicts were sent to Australia?
About 2000 per year
What was life like if you became a farm worker in Australia?
Could be on an isolated farm at the mercy of their master so dangerous
What was life like if you became a domestic worker in Australia?
Treated as part of the family
Who was best off when they got to Australia?
Skilled workers (blacksmiths, carpenters)
What brought transportation to an end?
-too expensive
-not enough of a deterrent
-Australians no longer wanted their criminals
Why did the prison reform happen? Industrial.
-Victorian governments adopted a more humanitarian approach
-prison reformers
-ending of transportation meant more people in prison
-change in public attitudes
Why did debtors make up so much of the prison population?
They would be imprisoned for being in debt and then they would have to pay for food and bedding. They would have to pay a discharge fee when they were released
What were John Howard’s proposals for improved prison conditions?
-sound, hygienic, roomy buildings
-salaries for gaolers
-training for prisoners to help reform
-inspection of prisons
What did John Howard acheive?
-the gaol fever bill called for prisons to be regularly cleaned and have a separate sickroom
-MP Pophams second bill put an end to the jail release bill
What was sir George o Paul’s proposals for improved prison conditions?
-worked with archeitect William Blackburn for new prisons that were:
-secure with high perimeter wall
-isolation sections where new inmates were bathed and disinfected
-separated based on level of crime and gender
What did George O Paul acheive?
The Gloucester Prison Act 1785
Why was Elizabeth Fry and advocate for better prison conditions?
She wanted better conditions for women following a visit to the women’s section of Newgate prison
What did Elizabeth Fry achieve?
-1817 = formed the association for the improvement of women prisoners in Newgate
-formed the ladies prison committee
-female wardens appointed
-schools created in prisons for women and their children
when did Robert Peel introduce the Gaols Act?
1823
what did the Gaols Act say?
-a prison in each country and large town
-paid by local rates
-JPs inspect and report on the conditions in them
-the gaoler to be paid a salary
-prisoners classified
why did Robert Peel pass the Gaols Act?
to adress the reforms demanded by Howard and Fry
industrial: what was the seperate system?
-reform prisoners through isolation
-seperate cells
-wore masks
-help a knotted rope 4.5 metres apart
-produced items like boots, clothes and sacks
industrial: what were the issues with the seperate system?
-expensive
-high death rate
-22 went mad and 3 committed suicide
industrial: what was the silent system?
-the idea was to make life as miserable as possible
-repetitive, pointless tasks
-treadmill (everlasting staircase)
-crank (turn a handle 1000 x)
what was involved in the prison act of 1865?
-hammocks replaced with a board bed
-hard fare = bread and water for three days - increased to a month for bad behaviour
-prisons are punishment not reform
-hard labour = three months of treadmill, crank etc
industrial: give a pro and a con for the silent system
-cheaper than the seperate system
-led to lots of suicide and insanity
what was involved in the prison act of 1877?
-all prisons under home office control
-central organisation on prison system
modern: in what act were Borstals set up?
the prevention of crime act of 1908
modern: describe Borstals
-young people between 15-21
-designed to be educational
-routine and discipline
when were Borstals abolished?
1982
what was set up after Borstals were abolished?
Youth Detention Centres or Young Offender Institutions for more serious crimes
modern: give an example of an open prison
-Ford Open Prison, Ford in West Sussex
-based in a former Naval Air station
-no bars on windows or anything
-Category D prisoners
-gardening and vocational work
-1960
when was probation introduced?
1907
modern: what was probation?
-instead of prison
-report regularly to police
-strict guidellines
-if not futher crime takes place in this period then no extra punishment
modern: how was probation changed slightly in 1982?
-offenders had to attend day centres for up to 60 days
-these would discuss barriers to the offender’s behaviour
when was the parole board set up?
1967
modern: what is parole?
-parole means being released before the end of your scentence
-they are monitored by police
-can be applied for and denied
