Question 5/6 (20)

Question 1

‘The threat of rebellion was the main factor influencing changes to methods of punishment after the Norman invasion of England from 1066.’ How far do you agree? Explain your answer

Answer 1

• threat of rebellion: Norman invasion wasn’t welcomed by the Anglo-saxons so there was much resistance for the first few year. Normans saw harsh punishments in the public to make people behave e.g. capital punishments increased to assert dominance, murmdrum fine - if a Norman was killed and their murderer hadn’t been found in 5 days, the local community would be fined
• the Church: Church courts were introduced; overseen by a local bishop with more lenient punishments e.g. confession or apology at Mass. significant bc people would claim benefit of clergy (claim to be tried in church courts) so they don’t get sentenced to death (no way of telling if they belonged to the clergy)
• social classes: punishments varied depending on class and gender e.g. amount of wergild payable in Anglo-Saxon times depended on the victims social status - wergild for nobles was huge but for a serf was little THEN during the later medieval period, commoners were hung for murder while nobles were usually beheaded

Question 2

‘The Church had the greatest influence on methods of law enforcement in the period c.1000 to c.1700.’ How far do you agree? Explain your answer

Answer 2

• 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

Question 3

‘Population growth and movement was the most important cause of changes to law enforcement in the period c.1500 to c.1900.’ How far do you agree? Explain your answer

Answer 3

• population growth: movement of people from countryside to towns and cities so crimes such as theft increased, caused law enforcement to change e.g. 1750-1900 population in towns went from 7m-37m, introduction of Bow Street Runners in 1749 to tackle huge crime wave by tracking down criminals
• the Church: role diminished, society became more secular e.g. from 1576, Church courts couldn’t try criminal acts (only moral) so everyone, including clerics, were tried in secular courts, 1623 - James I abolished sanctuary
• role of individuals: Robert Peel as Home Secretary, persuaded parliament to pass the Metropolitan Police Act in 1829 due to crime wave in London, which set up the first professional police force; central aim was to prevent crime and disorder

Question 4

‘Public opinion has been the main cause for changes in the nature of punishment in the period c.1700 to present day.’ How far do you agree? Explain your answer

Answer 4

• public opinion: increasing feelings that corporal and capital punishments were inhumane, punishments should be about rehabilitating the offenders led end of the bloody code, also led to end of public executions in 1868; capital punishment abolished in 1998 because reform was considered more important
• public opinions: led to prisons being improved to increase the likelihood of rehabilitation e.g. John Howard’s work led to 1774 Gaol Act, which suggested how health and sanitations in prisons should be improved; paying back society began to be more important, Borstals were set up in the 1900s which used work and education to try reduce re-offending rates
• changes in the gov: problems with prisons e.g. high rates of re-offending and expensive so gov has tried non-custodial punishments e.g. probation (1907) where offender has to report to the police and meet with a probation officer and not reoffend, fines (1914), electronic tagging (1990s) tracks offenders locations and allows police and courts to impose a curfew