Punishment

  • 1000

    Corporal punishment

    Re-offenders punished harshly. Mutilation, e.g. cutting off hand/ear/nose or putting out eyes. Intended to deter.
  • 1000

    Capital punishment

    Treason against king or betraying lord carried death penalty. Intended to deter others & show importance of loyalty to king.
  • 1000

    Stocks & pillory

    Stocks secure ankles. Pillory secure arms & neck. In public. Could be for number of days. Verbally abused or rubbish thrown at them.
  • 1000

    Wergild

    Relied heavily on system of fines called wergild. Compensation paid to victims or family. Level of fine set through king's laws. Unlike blood feud, not about retribution/revenge so made further violence less likely. Unequal system, e.g. 300 shillings for killing noble, 100 for freeman, peasant was lower & Welshman even lower. Also used to settle physical injury with body parts given price, e.g. eye was 50 shillings & broken arm was 6.
  • 1000

    Prison

    Rarely used as expensive to build/run. Used for holding serious criminals before trial.
  • Period: 1000 to

    Deterrence

  • Period: 1000 to

    Retribution

  • Period: 1000 to

    Fines

    Wergild (Anglo-Saxon). Fines (1066-today).
  • Period: 1000 to

    Whipping

    Corporal punishment.
  • Period: 1000 to

    Hanging

    Capital punishment. Bloody Code (1765) - for minor crimes. In public until 1860s. In prison until 1965.
  • Period: 1000 to

    Stocks & pillory

    Corporal punishment. Public humiliation.
  • Period: 1000 to

    Prison

    Used for holding serious criminals before trial (1000-1250). Used for those awaiting trial & in debt (1250-1800). Prison hulks (1770s). Used for serious offenders (1800-today). Open prisons (1933-today).
  • 1066

    Murdrum fine

    Anger at Norman invaders. William made law that if Norman murdered & murderer not captured, all people of region had to pay expensive fine. Intended to stop increase in revenge murders & decrease likelihood of villagers covering up. Shared responsibility.
  • 1066

    Capital punishment

    Used more regularly. For serious crimes & re-offenders.
  • 1066

    Fines

    Normans ended wergild. William believed crimes committed against king's peace not individual. Fines paid to king's officials not victim. Increased royal income. Fines also used for lesser crimes.
  • 1066

    Destruction of farmland

    King could order destruction of farmland & killing of animals for those involved in rebellion.
  • 1066

    Corporal punishment

    Forest Laws made hunting deer punishable by having first 2 fingers cut off. Repeat offenders blinded.
  • 1250

    Capital punishment

    Could be avoided by claiming benefit of clergy, joining army, buying a pardon, becoming a king's approver (give evidence to convict others) or being pregnant.
  • 1350

    Hanged, drawn & quartered

    For high treason. Limbs displayed around country.
  • Period: 1350 to

    Hanged, drawn & quartered

    Usually used for treason.
  • 1500

    Punishments for Vagrancy (pt.1)

    1531 - Vagabonds & Beggar's Act (idle people put in stocks & returned to birthplace). 1531 - V&B Act changed (unemployed found begging/vagrants whipped until bodies 'be bloody' & returned to birthplace/previous residence). 1547 - Vagrancy Act (1st offence gave 2 year's slavery; 2nd gave slavery for life/execution). 1550 - Vagrancy Act repealed as too harsh & 1531 Act revived.
  • 1500

    Punishment for vagrancy (pt.2)

    1572 - V&B Act changed (1st offence gave whipping/burning through gristle of ear; 2nd offence gave execution). 1576 - Houses of Correction built in every county to punish/employ persistent beggars. 1593 - 1572 Act repealed & 1531 Act revived. 1598 - V&B Act changed (whipped & sent home, if re-offended sent to House of Correction/banished from country/executed).
  • 1500

    Stocks & pillory

    Pillory used to punish crimes such as cheating at cards, persistent swearing & selling underweight bread. Crowd pelted offender with stones & sexual crime offenders sometimes killed.
  • 1500

    Whipping

    Intended to cause pain & humiliation. Usually took place on market day with crowd. For variety of crimes, e.g. vagabondage, regular drunkenness & theft of low-value goods.
  • 1500

    Carting

    Offender paraded round streets on cart. Intended to shame. Used for vagrancy, adultery & running brothel.
  • 1500

    Prison

    Used for those awaiting trial or in debt. Rarely used as only punishment.
  • 1500

    Ducking stool

    Women who argued with/disobeyed husbands convicted as scolds. Ducking stool in local river. Women who argued in public/swore also punished in same way.
  • 1500

    Fines

    Used for minor offences, e.g. swearing, gambling, drunkenness & failure to attend church. Most common.
  • 1500

    Capital punishment

    Used for major crimes, e.g. murder, treason, arson & counterfeiting. Also for theft of goods worth over 1 shilling. Hundreds executed a year. In public as deterrent. Changed with introduction of Bloody Code.
  • 1500

    Burnt at stake

    Traditional punishment for heresy. Mary I ordered execution of 300 Protestants.
  • 1576

    Houses of Correction

    Used to punish & reform offenders. Known as 'Bridewells' (after first one, in London). Used for vagabonds, unmarried mothers & repeat offenders. Made to do hard labour & sometimes whipped. Believed might change if taught value of hard work.
  • Punishment of Gunpowder Plotters

    Surviving plotters found guilty of treason. Sentenced to be hanged, drawn & quartered. Deterrent as punished in public. Religious instability led to fear of more plots. Encouraged anti-Catholic attitudes. Gave James I reason to be harsh against Catholics (banned from voting until 1829, forced to take part in CofE services or fined, 1605 Thanksgiving Act).
  • Transportation

    From 1660s, criminals sent to American colonies. Transportation for life used for murderers who escaped death penalty. Conditions could be close to slavery. Some in England still viewed it as soft option compared to death.
  • Period: to

    Transportation

    To America until independence in 1770s, then to Australia.
  • Fines/short-term prison

    Possessing dogs or snares punishable by £5 fine or 3 months in prison.
  • Capital punishment

    Hanging for highway robbery. Many hanged at Tyburn in London (9 at a time). In 1722, death penalty introduced for anyone armed/in disguise on high road.
  • Black Act

    Passed in 1723 in response to series of raids by 2 groups of poachers (the Blacks). Made hunting deer/hare/rabbits a capital crime. Anyone found armed, disguised or with blackened faces in hunting areas assumed to be poaching. Death penalty for over 50 criminal acts.
  • The Bloody Code (pt.1)

    In 1688, number of crimes punishable by death was 50. In 1765, it was 160. By 1815, it was 225. For minor offences, e.g. poaching or cutting down trees. Late 17th-early 19th century. Crime rate- rose in 1500s, fell steadily from 1600s, increase during poor harvests. Attitudes- pamphlets gave details about crime, misleading levels of crime, executions in public. Travel- better roads, cheaper horses, ideas/news spread, new crimes. Towns- growing, harder to enforce law, easier to commit crime.
  • The Bloody Code (pt.2)

    Government- MPs wealthy landowners, felt had most to lose from crimes against property, many believed all suffered when crime committed, wealthy/clergy could read pamphlets & made up Parliament. Traditional views- trend to make punishments harsher, effective, only method tried. Number of executions fell as juries unwilling to convict. Often pardoned as witnesses spoke about good character/showed remorse.
  • Transportation

    American colonies became independent in 1770s. Convicts sent to newly discovered Australia (edge of world). 18 month round trip. Aimed to increase convictions, deter, remove criminals, reduce crime, claim Australia, reform through hard work. Majority convicted thieves with more than one offence. 3% convicted of violent crimes. By 1830s, 1% died on trip. Sentence was work given by master. Good conduct gave 'ticket of leave'. If returned without this, sentenced to death.
  • Prison hulks

    Short-term solution introduced in 1770s when transportation to America ended. Former warships. Death rate from disease very high. In 1840, held over 70% of prisoners. Used as prisons until 1857.
  • Prison

    Survey in 1777, showed 4,000 in prison in England/Wales. 60% were debtors. However, by mid-19th century replaced capital punishment for serious crimes except murder. Punishments focused on reforming criminal.
  • Old prison system

    All prisoners together. Schools for crime. Prison warders unpaid so earned money by charging prisoners fees, e.g. for own cell or to be released. Poor most crowded & relied on local charities. At Newgate Gaol, 275 of poorest lived in area for 150. Gaol fever killed many. First national prison opened at Millbank in 1816 to hold convicts awaiting transportation.
  • Period: to

    Reform

  • Abolition of Bloody Code & public executions (pt.1)

    1789 - last woman burned for murdering husband. 1808 - Sir Samuel Romilly abolished death penalty for pickpocketing. 1820 - last beheading (Cato Street conspirators). 1820s-30s - abolition of nearly all capital crimes (reforms of Sir Robert Peel, Home Secretary in 1822). 1841 - only murder/treason remained. 1868 - last public hanging. Juries unwilling to convict- in 1700s 40% hanged, in 1800s 10% hanged, 11,305 death sentences in 1826-35 & 514 carried out, felt out of proportion, undermined law.
  • Abolition of Bloody Code & public executions (pt.1)

    Public executions not working- during 1700s crowds grew, newspapers published executions, cheap entertainment, some factories closed, special train services, drunk/disorderly, criminal as hero, criminal could escape if crowd sympathetic, risk of protest riots, opportunity for crime, "all the aims of public justice are defeated" (London magistrate's, 1783). Changing ideas- philosophers, proportion, inhumane, transportation main alternative. Against- deterrent, crime rate, used for many years.
  • Reform of old prison system

    In 823, Sir Robert Peel passed Gaols Act. Applied to 130 of biggest prisons. Prisoners separated. Women had female warders. Attended chapel & had chaplain. Magistrates visited prisons. Proper food. Prison warders paid. Reform prisoners. JPs ordered to inspect prisons in 1824. Government started to pay some of cost in 1830. Gaols Act introduced inspection in 1835.
  • Punishment of Tolpuddle Martyrs

    George Loveless & 5 others sentenced to 7 years' transportation to Australia (most severe sentence available). Deterrent. Trade union movement badly affected. Widespread outcry (regarded as martyrs for union rights). 25,000 attended campaign meeting in London. 250,000 signed petition for release. Home Secretary refused. Arrived in Sydney on 17th August 1834, after 111 day journey. In March 1836, government granted a pardon. After 2 years, returned. Trade union movement recovered after 20 years.
  • Separate system

    1839 Prisons Act advocated separate system. 1842-1877, government built 90 new prisons. First was Pentonville. Spent time alone in cell & wore masks outside to keep away from influence & reflect. Did useful work. More expensive & some went insane (in first 8 years at Pentonville, 22 went mad, 26 had nervous breakdowns & 3 committed suicide). National Prison Department took overall control of prison system in 1850.
  • End of transportation

    Peak in 1833 (36 ships & 6,779 prisoners). Declined in 1840s as prisons used. For- juries convicted, by 1830s Australia clearly in British Empire, lived respected lives, minority returned. Against- by 1830s wages higher in Australia, seen as opportunity, costing 1/2 million pounds a year, gold rush in 1851, prisons cheaper, crime rate increased, conditions on ships, convict colony, few jobs for locals, "no more than a summer's excursion to a happier & better climate" (Lord Chief Justice, 1810).
  • Silent system

    Prisons main punishment for serious offenders. Believed prisoners couldn't be reformed, only deterred. Introduced after fears of garroting. 1865 Prisons Act (national rules & harsh conditions). Silent at all times. Breaking rules meant whipped or diet of bread & water. Hard board (wooden bunks), had fare (adequate/monotonous food) & hard labour (pointless work for several hours). Turned crank 20 times a minute for over 8 hours, walked a giant treadmill or picked oakum.
  • Prison

    Mentally ill treated separately. Broadmoor Hospital opened in 1896. By 1900, begun to move away from separate system. Pointless hard work abolished in 1902. Alternatives to prison used from 1907. Focus on prisoner welfare after 1922. Solitary confinement ended. Diet & conditions improved. More visits & teachers employed. First open prison built in 1933 at New Hall. Rules relaxed & prisoners allowed to leave on day release to work. Prepare for reintegration.
  • Punishment of young offenders

    Victorian attitudes were harsh. Treated same as adults. In 1854, 15-year-old convicted of minor crime placed in solitary confinement & refused to turn crank so put in straitjacket - after 2 months, hanged himself. Shift in attitudes & began to believe young offenders hadn't fixed character.
  • Fines

    Continue to be most common punishment. In 1914, given longer to pay fines.
  • Period: to

    Non-custodial alternatives

    Probation (1907), parole/suspended sentences (1967), community service (1972) & tagging (1990s).
  • Borstals

    Separated young offenders from hardened adult criminals. First borstal opened in Kent for males under 18 in 1902. 1908 Prevention of Crime Act created system of borstals to emphasise education rather than punishment. Run like strict boarding schools, with house sport competitions. Usual sentence 6mths-12yrs. Abolished in 1982. 60% of released re-offended. Increase in youth crime & public opinion shifted towards harsher punishments.
  • Non-custodial alternatives

    1907 - probation (report once a week to police station/meet with probation officer). 1914 - given longer to pay fines rather than sent to prison. 1962 - birching abolished & fined/sent to prison instead. 1967 - parole (released early for good behaviour). 1972 - Community Service Orders (40-300hrs unpaid work). 1990s - electronic tagging (tracks location & curfews can be set).
  • Approved Schools

    Set up in 1932. For offenders under 15. Like borstals & offered training in skills, e.g. bricklaying. In 1959, after rioting & absconding, public criticism led to gradual closure.
  • Attendance Centres

    1948 Criminal Justice Act included graduated system of prisons, depending on seriousness of crime. Attendance Centres introduced for minor offenders aged 10-21. Non-custodial. Ran compulsory sessions to cover basic literacy/numeracy, life skills, money management & cooking. Today, for ages 18-24. Encourage understanding of impact of crime.
  • Prison

    Prison population rose after 1940s & doubled 1993-2015 (due to crime rate, length of sentence, likelihood of prison sentence, number on remand/waiting trial). Fewer staff. Deaths in custody peaked in 2014. Ofsted judged over 1/2 prisons as inadequate/requiring improvement for learning & skills in 2014. Nearly 1 in 5 prisoners need help with literacy/numeracy. Issues- expensive, re-offend (especially youth) & return to same environment when released.
  • Abolition of death penalty (pt.2)

    For- deterrent, criminals more likely to carry weapons if no danger of execution for murder, life imprisonment more expensive & perhaps more cruel, murderers might kill again if released, execution avenged life of victim. Against- after WW2 felt execution associated with Hitler, un-Christian, 1948 UN Declaration of Human Rights, other European countries saw no increase in crime after abolition, mistakes made, most murders unplanned so didn't deter, well-publicised cases (Bentley & Evans).
  • Abolition of death penalty (pt.1)

    By late 1700s, death sentence declining. Only murder & treason punishable by death. After 1840, 15 executions a year all for murder. 1957 Homicide Act abolished hanging for most murders. Executions fell to 4 a year. House of Lords blocked bills passed by House of Commons for abolition in 1948 & 1956. Capital punishment abolished in 1965 Murder Act for all crimes, except a few (e.g. piracy). Replaced by life imprisonment. Abolished for remaining crimes in 1998 Crime & Disorder Act.
  • Youth Detention Centres

    Introduced by government in 1982. Military drill & discipline intended to give shock. Failed to deter & re-offending rates increased.
  • Punishment of young offenders

    Fine parents if can't keep children under control or place children in care. Non-custodial methods used to monitor movements. Courts can impose activities, e.g. counselling. Attendance Centres are last resort. If re-offend, locked up in YOI. Under 18s can be held in Secure Children's Home, Secure Training Centre of Young Offenders' Institution.