Question 4 (12)

Question 1

Explain why there were changes in the crime of witchcraft in the period c1500-c1700.
- Matthew Hopkins
- social upheaval

Answer 1

• influence of individuals - King James I (1603) promoted witch-hunting: e.g. book Demonologie outlined his belief in witches and how they should be found and tried. e.g. Matthew Hopkins stirred up fear of witches during 1645-47 through his pamphlets
• religious change - differences increased by the Civil War (1642-51): e.g. many Puritans, on the side of parliament, believed that witchcraft was being used by the Royalists, some of whom were Catholics; Protestants feared Catholics
• impact of Civil War: weakened control of local authorities, left many women widowed, caused huge economic problems, political tension left to an increase in belief that the Devil was at work so people looked for scapegoats to cleanse society

Question 2

Explain why there were changes in the crime of highway robbery in the period c1700-c.1900
- turnpike trusts
- mounted patrols

Answer 2

• increasing population e.g. increased by 2.9x between 1750-1851, meant that there were more people travelling than in earlier centuries, also more roads; many of which went through open + isolated areas so it was easy to get away
• Industrial Revolution: 1760-1840, transition from creating goods by hand to using machines - led to merchants becoming rich so travellers would be carrying a lot of valuables on the roads as there were few banks; also increased trade so more goods and money were transported
• decreased by the end of the period: became a capital crime to be armed and in disguise on a high road in 1722, also mounted patrols on major roads and the growth of the railways reduced it - disappeared completely in the 1830s

Question 3

Explain why there have been changes in the way that government has used prisons from c.1800-present day
- The Silent System
- open prisons

Answer 3

• changing public opinions - increased feelings that corporal and capital punishments were inhumane, punishments should be about rehabilitation in 1800s: led to the end of the Bloody code and ending of public executions in 1868 and an increase in use of prisons
• influence of individuals e.g. Robert Peel wanted to try to reform petty criminals instead of killing them so he persuaded parliament to pass the 1823 Gaols Act which stated that: chaplains should regularly visit prisoners, gaolers should be paid, prisoners should not be put in chains
• present day prison attempt to reduce re-offending rates through education and giving prisoners work that teaches them new skills rather than punishing them to discourage re-offending e.g. 1948, hard labour and corporal punishments were abolished, separate prisons established for young people + Borstals were set up in the 1900s which used work and eduction to reduce re-offending rates

Question 4

Explain why there were changes in the definitions of crime in the period c1500-c1700.
- Vagabondage
- Oliver Cromwell

Answer 4

• religious changes: ruled by the Tudors then Stuarts so the religion of the country kept changing from Catholic to Protestant to Catholic, and then to Protestant again so heresy charges became more common - members of the clergy played a role in judging whether people were guilty or not; definitions of crimes such as heresy changed because the official religion of the country changed
• changing populations: increased by 16th century so there was a large increase in vagrants (unemployed+homeless) due to falling wages and rising food prices, hated and feared by settled population so pressure was put on government to make laws e.g. 1547 vagrancy act meant that able-bodied without work for more than 3d were branded with a V and sold as a slave for 2 yrs
• changing monarch: e.g. new laws against witchcraft were passed, making it a serious offence; 1542 - Henry VIII made it punishable by death, 1563 - Elizabeth I changed law so charges of witchcraft had to be tried in common court, 1604 - James I instructed death penalty.

Question 5

Explain why there have been changes in the crime of smuggling in the period c1700-present.

Answer 5

• changing social attitudes: example of a social crime and many didn’t view it as serious or a threat - people viewed smugglers as heroes who bought them cheap goods, people traded with smugglers, bought smuggled goods and even gave smugglers alibis
• changes in law: tax on imported goods was so high from 1740-1850 so smuggling increased and led to large gangs of smugglers as they made large profits by bringing the goods and selling them without paying tax e.g. Hawkhurst Gang smuggled huge volumes of goods
• Britain has developed: new transport methods meant that types of smuggling has changed e.g. growth in smuggling goods such as cigarettes, alcohol and illegal drugs, people-trafficking (smuggling people in illegally and selling them for prostitution and forced labour) also began during the late 1900s

Question 6

Explain why there were changes in the way that religion affected definitions of crime in the period c.1500-c1700.
- heresy
- the Gunpowder plot

Answer 6

• monarch changes: the religion of the country kept changing from Catholic to Protestant to Catholic, and then to Protestant again so heresy charges became more common - members of the clergy played a role in judging whether people were guilty or not; definitions of crimes such as heresy changed because the official religion of the country changed
• James I: continued with anti-catholic laws when he inherited the throne in 1603; pushed for a group of Catholics, led by Robert Catesby to plot to kill the King at the state opening on parliament on 5 Nov 1605; Guy Fawkes and other conspirators are caught, tortured then publicly hanged, drawn and qaurtered on 30-31 Jan 1606: most serious crime so treason received most serious punishment to deter
• different attitudes: e.g. many Puritans, on the side of Parliament believed that witchcraft was being used by the Royalists, some of whom were Catholic, so new laws against witchcraft were passed making it a serious offence; 1563 - Elizabeth I changed law so charges of witchcraft had to be tried in common court, 1604 - James I instructed death penalty to be given to people ‘summoning evil spirits’

Question 7

Explain why there were changes in law enforcement in towns and cities in the period c1000-c1700.
- population growth
- thief takers

Answer 7

• the Church: played a huge role in medieval law enforcement e.g. trial by ordeal, however abolished in 1215; justice system also became more secular in early modern England as the Church became less powerful in society e.g. from 1576, Church courts couldn’t try criminal acts, only moral ones so everyone (including clerics) were tried in secular courts, 1623 - sanctuary abolished
• population growth: movement of people from countryside to towns and cities so crimes such as theft increased, caused law enforcement to change e.g. town constables: in charge of watchmen, had the power to arrest suspects and take them to the Justice of the Peace, watchmen: voluntary and unpaid, patrolled streets from 10pm-dawn, from 1250s, parish constables led the chase fr the criminal after the hue and cry
• public opinions: what people viewed as social crimes effected law enforcement e.g. forest laws was seen as a social crime in the medieval period and people in early modern England saw the government as unreasonable for smuggling laws and import tax was high, they even made alibis for smugglers which made it harder for them to be caught; growing fears for crime also meant that thief takers, private individuals, were hired by victims to capture criminals

Question 8

Explain why there were changes in the use of capital punishment in the years c1700-c.1900.
- The Bloody Code
- Transportation

Answer 8

1. changing population: 7m to 37m from 1750 to 1900 so huge increase in crime so bloody code introduced to frighten e.g. no of capitak offences by 1810 increased to 222
2. public opinions: move to rehabilitation from retribution so capital punishments decreased e.g. public execution aholished in 1868
3. influence of individuals: John Howards work led to 1774 Gaols Act being passed which suggested health and sanitation in prisons. meant thay prisons could be used more as they were reformed to reduce re-offending rates

Question 9

Explain why there were changes in the use of capital punishment in the years c1700-present.
- The Bloody Code
- Derek Bentley

Answer 9

1. changing population: 7m to 37m from 1750 to 1900 so huge increase in crime so bloody code introduced to frighten e.g. no of capitak offences by 1810 increased to 222
2. public opinions: move to rehabilitation from retribution so capital punishments decreased due to controversial cases e.g. Derek Bentley case led to controversy led to capital punishment being abolished in 1998
3. influence of individuals: John Howards work led to 1774 Gaol Act being passed which suggested health and sanitation in prisons being improved. meant that prisons could be used more as they were reformed to reduce re-offending rates

Question 10

Explain why there have been changes in the use of prison as a punishment in the period c1700–present.
- The Silent System
- Open prisons

Answer 10

1. influence of individuals: John Howards work led to 1774 Gaol Act being passed which suggested health and sanitation in prisons being improved. meant that prisons could be used more as they were reformed to reduce re-offending rates.
2. changing public opnions: views moved from wanted retribution and deterrence to wanting reformation so uses of capital punishments decreased e.g. abolished in 1998 due to public outcry. meant less capital punishment more prison for rehabilitation
3. changes due to gov: problems with prisons e.g. high reoffending rates and expensive so non-custodial punishments introduced by gov e.g. probation (1907), fines (1914), electronic tagging (1990s)