These are known as corporal punishments punishment of a physical nature
Gallows –wooden apparatus used to hang people in public Stock - Wooden torture instrument where the criminal’s feet were locked in Gibbet – cage on a gallows type structure. Criminal is left on public show to die of thirst/starvation Pillory - Wooden torture instrument where the criminal’s head and hands were locked in Flogging - public whipping Burning at the stake - Severest Tudor punishment it is believed that your would would be freed and sent to Heaven All the above were intended to humiliate the criminal and to deter others from committing crime
Mary I burned 300 martyrs for their faith (Protestantism) between 1555-60 They were found guilty of heresy and were served the severest punishment Burned at stake in the belief that their soul would be freed and would escape to Heaven
Cousin of Elizabeth I Plotted to overthrow her Was thrown in the tower and then later executed (beheaded)
Welsh Penry was concerned about the lack of preaching ministers in Wales and the need for a Welsh Bible, He acquired a press and printed tracts and books about the religious state of Wales and as a result, Penry found himself in prison. Penry escaped to Scotland. He remained there for three years but eventually decided to return to London to continue the work to which he had dedicated his life - namely, to ensure that the gospel should be preached in Wales, in the Welsh language. Back in London, Penry made the acquaintance of many Independents. These were people who tried to worship in their own way and not according to the Queen's command. He was arrested His chains were removed and he was dragged on a hurdle through the narrow streets to St Thomas a Watering. There he was hanged in the open air.
People believed in harsh punishments in order to deter others and remove the criminal completely
1820s – 200 hanging crimes even for minor crimes such as poaching and theft. 1785 – 97 people were were executed and 96 were for theft This harsh system of punishment became known as the “Bloody Code” It didn’t work as the crime rate was not falling - Judges would let people off or reduce their sentences to transportation (this happened in cases where the criminal was a child a lot) - Many crimes ended in murder so that there were no witnesses -People found public hangings entertaining they weren’t scared
Started in America but after the Civil war this was no longer a possibility so the Government started to send criminals to Australia (another colony) Between 1787 and 1868 160,000 were transported to Australia Convicts as young as 9 were transported The journey was punishment in itself… taking over 8 months On the first voyage 50 people died. The oldest passenger, Doris Handland survived the journey but hung herself from a tree when she saw the conditions she had to live in They were sentenced to 7;14 years or life of hard labour in this hot and desert like country Each convict was assigned a master who used the convict to carry out any work they wanted for the rest of their sentence… usually very hard labour If convicts were well behaved they could earn early release Before transportation prisoners were usually held in hulks. Disused rotten boats that were used as prisons were full. Sometimes prisoners completed their sentences in hulks when they arrived in Australia
Hulks were disused and rotten ships that were used to house criminals, because the prisons were full. Criminals were often held there while they were awaiting transportation.
1. A useful alternative to hanging for judges: a middle punishment 2. It reduced crime by removing the criminal 3. The Government thought it would stop other countries trying to take over their colonies and resources
Prisoners who served their time and stayed found their wages were higher that in Britain By the mid-1800s it was seen as more of an opportunity than a punishment When gold was discovered in 1851 people started paying to go Australians started to object to their country being used as a dumping ground
In the 1800s many people started to campaign for more reformative punishments as opposed to punitive punishments and there was a dramatic change in attitude A campaign was started in Parliament by James Makintosh and Sir Samuel Romilly to abolish the death penalty for trivial crimes Reformative punishment meant trying to educate the criminal morally and academically in the hope that they would not reoffend 1808 Romilly got a law passed abolishing the death penalty for pick pocketing Between 1822-40 Robert Peel reduced the number of hanging crimes to 5 and the crime rate did not increase - Public hanging ended in 1868 Transportation ended in 1868
Due to the increase of people coming into the cities vagrancy/begging became a crime, and soon anyone unable to prove their income was imprisoned in a workhouse or house of correction. The first workhouse in England was called Bridewell because it was at St. Bridget’s well, near the town of Blackfriars. Soon, the word bridewell became the name for a workhouse or house of correction They were over crowded as judges used them as an alternative to hanging
Disease was common (25% of prisoners died from gaol fever a year) Not enough people to look after the prisoners and they were unpaid. The gaoler’s made money by selling food and blankets etc. If you were poor your time in prison was not as comfortable as if you were rich Jailers fee - even is found innocent or if you had not served your sentence you had to pay the gaoler’s fee which was like a rent. If this was not paid you could not leave prison and in 1777 60% of people in jail were debtors in the 1800s and there were many innocent people in jail Many prisoners were learning crime from other prisoners – the system was not rehabilitative (women/children and men were all kept together)
Due to the state of prisons people wanted change and many fought for this change E.g. - John Howard - Elizabeth Fry - GO Paul
A sheriff from Bedfordshire responsible for all prisons in his county He made tours of prisons in Britain and abroad and was shocked at what he found He published his findings in a book: The State of Prisons in England and Wales in 1777and gave evidence in Parliament
Religious and visited Newgate Prison where women were held in bad conditions Formed the Association for the Improvement of Female Prisoners in Newgate Prison Set up the Ladies Prison Committee to help with her reforms (moral and religious education) In 2002 she was chosen by the Bank of England to go on their new £5 bank note
Sheriff in Gloustershire and responsible for prisons there 1784 he wrote a book “Thoughts on the Alarming Progress of Gaol Fever” He believed and implemented his ideas of security, health and separation He thought up the Separate System
Due to campaigns and campaigners laws were introduced Robert Peel Gaol Act 1823 1. Prisons must be secure and healthy 2. Gaoler’s are to be paid by the Government 3. Magistrates are to visit prisons 4. Female prisoners are to be kept separate from men and have female wardens 5. Doctors and churchmen are to visit prisons regularly 6. Teachers are to be employed 7. Attempts must be made to reform prisoners
This was thought up by GO Paul Solitary confinement in own cell. Prisoners were to be separated and isolated, throughout the whole of their sentence. Even when exercising, prisoners were kept apart, with hoods over their heads; at religious worship, they were separated in wooden cubicles. This was very expensive as new prisons needed to be built with separate cells It was hoped that after weeks of non-contact the prisoner would be persuaded to lead a better and godlier life 1842: Pentonville Prison opened as a model separate prison. It was centrally heated and clean. The prisoners all had an exercise yard
Each wing had 130 cells and an exercise yard It also had a heating system
Many people became insane and committed suicide It was expensive and new prisons had to be built No evidence that it reformed prisoners Solitary confinement ended up being an extra punishment rather than the normal way of life Therefore, the silent system was introduced
This was cheaper and let prisoners work together but doing pointless tasks in silence such as walking round treadmills like a hamster in a cage or unravelling rope The idea was to let prisoners work together, but in silence and allow them to think about their crimes and reform However, people felt that prisons were becoming too lenient Statistics gradually showed that the Silent System also failed to reform prisoners and there seemed to be no alternative but to deter people by harsh methods.
After the failure of the reformative silent and separate systems there was a brief return to more punitive methods (but this did not last and punishment methods went back to a more reformative route)
This reintroduced harsher conditions... Whippings and electric shocks were introduced for those not working hard enough
Prisons brought back under direct Government control The man in charge of prisons that year stated “A PRISONER’S LIFE SHOULD CONSIST OF HARD LABOUR, HARD BEDS AND HARD FOOD”
This century saw the abolishment of coporal and capital punishment completely. This meant that people had to look for alternative more reformative measures It also meant that we have seen our prisons more overcrowded than ever before which has also meant that other reformative methods have had to be searched for
1847 Juvenile Offenders Act - Under 16s must be tried in a special court
1854 Reformatory schools Tough conditions but separate from adults To persuade children to give up their lives of crime They received some form or education
1899 Borstals introduced to educate and reform child criminals They were less tough than reformatory schools Important they kept children separate from adults
1908 The Children's Act established juvenile courts The Children’s Act abolished the death penalty for under-16s. The Prevention of Crime Act set up borstal institutions more formally across the country
Within England/Wales, criminal responsibility is considered the age of 10 years. This is when a child becomes responsible for their actions. From this age onwards, they can be prosecuted for any criminal offence in a Youth Court. In exceptional circumstances, most notably the case of the murder of James Bulger in Liverpool in 1993, children can be tried as an adult in an adult court. From the age of 18 onwards, individuals are then considered an adult in the eyes of the law.
If you are under 16 you are sent to “secure accommodation” where you receive education and counselling Age of criminal responsibility is 10 years old (when you can be punished) Young offenders institutions for 18-20 year olds
1. It shows how public opinions is changing 2. It prevents miscarriages of justice such as that of Derek Bentley in the 1960s and Timothy Evans in 1950 who’s convictions have now been overturned 3. It shows how new types of punishment are evolving and it has speeded up new ways of helping the criminal such as education in prisons and counselling provision 4. It has led to the development of life imprisonment 5. Many people now believe the punishments for criminals are now too soft
There are currently over 85,000 men, women and children in prison in England and Wales. The prison population has been rising steadily since 1993, increasing from 42,000 to today's unprecedented levels. This means that there are now a higher percentage of people in prison here than in any other country in western Europe. This means that there has been alternative punishments to prison introduced to stop this overcrowding These punishments tend to take a reformative/educational view of punishment
A suspended sentence is when a judge delays a criminal's prison sentence after they have been found guilty, during the period of delay the criminal can perform a period of probation. If the defendant does not break the law during that period, and fulfils the conditions of the probation, the judge usually throws out the sentence. A suspended sentence will stay on the defendant's record.
Probation literally means testing of behaviour or abilities. An offender on probation is ordered to follow certain conditions set by the court, under the supervision of a probation officer. Offenders are ordinarily told they are not allowed to have firearms, and may be ordered to remain employed, stick to a curfew, live at a certain address, obey the orders of the probation officer, or not leave the area. The criminal may be ordered as well to not contact the victims (e.g.a former partner in a domestic violence case), or known criminals, particularly co-criminals. Additional restrictions can include: a ban onalcohol, even if alcohol was not involved in the original criminal charges. Offenders on probation might be fitted with an electronic tag (or monitor), which signals their whereabouts to officials. Also, offenders have been ordered to submit to repeated alcohol/drug testing or to participate in alcohol/drug or psychological treatment, or to perform community service work.
Parole should not be confused with probation, as parole is after a criminal has been in prison. Parole is serving the remainder of a sentence outside of prison. Probation is given instead of serving the remainder prison sentence and tends to place stricter conditions upon the individual serving the term. Parole usually rewards “good behaviour” in prison. Prisoners can return to prison if they break the conditions of their parole.
Electronic tagging is a form surveillance consisting of an electronic device attached to a person/criminal, allowing their whereabouts to be monitored. In general, devices locate themselves using GPS and report their position back to a control centre. It can be used in place of a prison sentence e.g. when a prisoner is on probation or when they are released on parole. Electronic monitoring has been said to be particularly useful for making sure people on parole/probation do not disappear or for preparing people in prison for release back into the community. It is also used to monitor defendants before they appear in court in order that they do not disappear.
Criminals are required to perform community services entirely or partly in place of a prison sentence or fines. For instance, a fine may be reduced in exchange for a number of hours of community service. The court sometimes allow the convict to choose their community service or they can choose a specific service. Sometimes the sentencing is specifically targeted to the convict's crime, for example, a litterer may have to clean a park or roadside, or a drunk driver might appear before school groups to explain why drunk driving is a crime.
An open prison is describes a prison where the prisoners are trusted to serve their sentences with little supervision and security and so do not need to be locked up in prison cells. Prisoners may be permitted to take up employment in the community, returning to the prison by curfew.
Many people think that offenders are now treated too leniently, that prison is a ‘soft option’ and that the prison system is failing because it is now over-full. British prisons were built to house 50,000 offenders, but there are now 85,000 offenders in prison This suggests that developments in prison reform, although important and reflecting changed attitudes to criminals, do not effectively punish offenders.
In Tudor times, and for a long time afterwards, corporal public punishments like flogging, stocks and pillory, and public executions were thought to be effective and acceptable to the public; this is no longer the case. Public executions and even torture were thought to be valid methods of punishment from Tudor times because the public expected harsh and humiliating punishments such as the burning of heretics seen during the Marian Persecutions or the use of stocks and pillories. In the 1700s and 1800s Britain saw the “Bloody Code” and more than 200 crimes were punishable by death in the 1820s. Views changed in later centuries and transportation was tried as a method of punishment in the 1800s, however, this method failed to word=k due to the gold rush in Australia and people no longer saw being transported there as a punishment. Then the public began to think in terms of reform so that more use was made of imprisonment. However, due to the state of prisons in England and Wales (25% of all prisoners died due to illness and disease) there were campaigns for reform of the prison system. Reformers such as Elizabeth Fry, John Howard and GO Paul campaigned for changes and the C19th saw various reformative systems of punishment tried in prisons such as the use of the Silent and Separation system where prisons were encouraged to think about their crimes. However, these various methods of punishment that were tried in prisons in the C19th were not successful and crime rate did not decrease. This meant that there was continuous change throughout the C20th as alternative methods were sought, in an attempt to provide a successful method of punishment:. The methods of punishment for juveniles were reformed with the introduction of borstals in 1899 and the Children’s Act in 1906 which abolished the death penalty for under 16s. Children were treated differently from adults and were kept separate from them. For adult offenders the system changed dramatically as well with the abolishment of capital punishment in 1969. This mean that different punishment methods had to be introduced such as life imprisonment. Due to over crowding alternative punishment methods have also had to be introduced such as as community service and suspended sentences. However, although new punishment methods are being introduced the amount of offenders are rising there are 85,000 prisoners in prisons built for 50,000. Therefore, one could claim that the punishment systems today are not effective methods. Therefore, the quest goes on and change is continuous. The C20th is increasingly focused on rehabilitation as a form of punishment and yet more methods are tried, e.g. suspended sentences reflecting continuous change in a search for effective and acceptable forms of punishment. People will always break the law and will always have to be punished. In early modern times, the pace of change was much slower and the types of crime committed may not have changed all that quickly and neither did the methods of punishment. In more modern times, the pace of change is fast; types of crime change more quickly and it is much more difficult to keep changing the methods of punishment and to implement methods which are still a deterrent, without the threat of the death penalty.