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CRIME AND PUNISHMENT

REVISION GUIDE

NAME:

EXAM DATE:

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Example paper

Unit 1: Development Study – Crime and Punishment

Time: 1 hour 15 minutes

Answer Questions 1 and 2, EITHER Question 3 OR 4 then EITHER Question 5(a) and

5(b) OR 6(a) and 6(b).

The total mark for this paper is 50.

Answer Question 1 AND Question 2.

1. What can you learn from Sources A and B about changes in punishment

between the Middle Ages and the 19th century? (4 marks)

2. The boxes below show two important individuals.

Choose one individual and explain why that person was important in

changing attitudes towards law enforcement. (9 marks)

Answer EITHER Question 3 OR Question 4.

EITHER

3. Why did prisons change so much in the 19th century? (12 marks)

OR

4. Why were laws against poaching so difficult to enforce in the 17th and 18th

centuries? (12 marks)

Answer EITHER Question 5 OR Question 6.

You must answer both parts of the question you choose.

EITHER

5. Crime and punishment from Roman Britain to c.1450.

(a) Describe the key features of law and order in Roman times.

(9 marks)

(b) How much did the system of law and order change from the Anglo-Saxon

period to the Norman period? Explain your answer.

(16 marks)

OR

6. Changing views of the nature of criminal activity c.1450 to present day.

(a) Describe the key features of the laws to do with domestic violence after

1970. (9 marks)

(b) ‘Religion continued to influence the authorities view of what was a crime

throughout the period c.1450-1750’.Do you agree? (16 marks)

Robert Peel

and the police

Jonathan Wild, the

Thief-Taker General

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Questions, timings and marks

Timings & Marks: The marks for each question are shown in brackets. Use this as a guide as to

how much time to spend on each question. You should aim to spend 1.5

minutes for each mark.

It is important to time yourself carefully. Some students run out of time

because they spend too long on the first two questions. These questions are

worth a total of 13 marks. The higher marks come later so keep a close eye on

your timings;

- Questions 1 AND 2: 20 minutes.

- Question 3 OR 4: 15 minutes.

- Question 5 OR 6: 35 minutes – aim to spend 20 of these minutes on part

(b) as this has the most marks.

- This leaves 5 minutes to check your answers at the end.

Follow instructions for questions carefully: You must answer Questions 1 and 2, but notice that for Question 2 you

choose one example to write about. If you write about both examples you will

not gain extra marks, but you will waste valuable time.

Choosing questions: After Questions 1 and 2 you need to make TWO important choices.

CHOICE 1: You need to decide whether to answer Question 3 or Question 4.

CHOICE 2: You need to decide whether to answer Question 5 or Question 6.

Answering Question 1: When you are answering this question, you need to think about two steps:

1. Comprehension: Label all the obvious clues in the source.

2. Inference: What does this source suggest? Link back to things you can see

in the source.

To gain the full 4 marks, you should give two pieces of information for each step,

therefore making 4 bits of information for 4 marks.

Question 1 is only worth 4 marks, so one paragraph should be enough for full marks,

Stick to what you can learn from the source. There is no need to evaluate how

trustworthy the source is. You will waste valuable time and pick up no extra marks.

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Support each inference you make with references to the source. It is better to make

two supported inferences than it is to make five or six inferences that you do not

back up by referring to details in the source.

Answering Question 2: Tips for answering this question;

1. Decode the question: It is very important that you decode the question

carefully so that your answer is focused on exactly what the examiner is

asking.

2. Stick to the focus of the question

For this question you need to stick to explaining the role of one method of

policing/event/individual and the impact it had.

3. Prove that the subject of the question was important

You are not being asked to describe what the method/event/individual did,

you are being asked to explain why it was important.

Answering Question 3 OR 4: How to write an effective explanation using these steps;

1. Identify the range of factors using the factor wheel shown on the next page

List all of the factors involved, perhaps using a mind map.

2. Select two or three factors to write about

Do not try to cover everything. Remember that in the exam you only have

about 15 minutes to answer this question. Choose two or three factors and

answer them in detail.

3. Use connectives to tie in your knowledge to the question

Don’t just say a factor was important. Show off your knowledge and prove it

with evidence. Use your own evidence, not just the example the exam

question may give you.

4. Structure your conclusion so that it clearly analyses the factors

Start by showing a range of factors played a role. Make it clear which factor

you think played the most important role. Support your argument with the key

reason why you have come to this overall judgement.

Answering Question 5(a) OR 6(a): The examiners are trying to give you a chance to show what you know – and what

you can do with what you know. Make sure you read the question a couple of times

and then pick out these key things:

- Date boundaries: what time period should you cover in your answers? Stick to

this carefully otherwise you will waste time writing about events that are not

relevant to the question.

- Content focus: the topic the examiner wants you to focus on.

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- Question type: this question will ask you to ‘describe the key features’ of

something. You are not being asked to ‘explain why’ they were introduced or

whether you think they were effective so stay focused on the question and

be specific to the topic.

In order to gain full marks in these types of questions you must give specific details

and link what you say to the question. DO NOT just write a list of features, you must

make links between the features.

Answering Question 5(b) OR 6(b): You may be asked to analyse and evaluate how an aspect of crime and

punishment changed over time. The examiner does not just want you to tell them

everything you know about the topic or time period. In order to gain full marks in

these questions you should follow these steps;

1. Planning your answer

Use a quick plan to organise your thinking as this will give you a clear, simple

structure to your answer. Do not worry about more than two or three

examples for each period – you will not have the time to write about any

more.

The exam will include some bullet points, which are there to help you think. If

you do not recognise these bits of information, do not panic; plan your

answer using what you know instead. It is your own knowledge that you

should focus on, not the bullet points.

Then work out how you are going to structure your answer – will you go for a

chronological approach or will you group your answer into continuities and

changes?

2. Evaluating each change

As you write your answer, describe each change, back it up with evidence

and explain the significance of the changing attitude. It is the explanation

that will gain you lots of marks.

3. Make the final decision

You need to make a clear judgement or you will not have fully answered the

question. A basic adjective like ‘great’ or ‘small’ concerning change would

be enough here – it is still a valid judgement. You also need to explain your

decision. It you have mentioned a turning point it would be worth discussing

in your conclusion.

Good answers to these questions are those that are clearly organised, and include

explanations and evidence.

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What types of factors should I

consider when answering a

question?

These are the reasons, the factors, which explain the changes and

continuities in crime and punishment, and the attitudes to crimes...

Roles of governments

Media

Religion

Poverty & Wealth

Urbanisation Key

Individuals

Science & Technology

Transport & Communication

Attittudes & Beliefs

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What were the main

crimes and punishments

used in Roman Britain?

Crimes Punishments

Minor crimes (petty theft) Flogging (being whipped)

Beating

Financial penalties (being

forced to repay the cost of

goods stolen or damaged)

Major crimes (mugging) Amputation of limbs

More serious crimes

(murder, arson, libel and

slander)

Execution (by various methods)

Exile (only available for the

upper classes)

Most serious crimes (such

as refusing to accept the

authority of the emperor)

Execution by crucifixion or

being thrown to the lions

Being forced to become a

gladiator

Non-Serious Crimes

Small-scale theft

Burglaries

Street robbery/violence

General riots at games,

chariot races, contests.

Key Ideas;

1. The big idea of

Roman punishment

was to deter

potential criminals

by harsh

punishment.

Roman Society;

Hierarchical: The

wealthy at the top

and slaves at the

bottom.

Patriarchal: Women,

children and slaves

obeyed male head

of the family.

Unequal: Poverty led

to crime. The wealthy

had all the power.

Objective: to

understand the nature

of Roman society and

the varying

punishments for men

and women, and for

citizens and non-

citizens.

Serious Crimes

Rebellion

Religious non-conformity

(not worshiping emperor)

Murder (less serious than

two above)

Example Question:

Describe key features

of law and order in

Roman Britain. (9)

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How were laws enforced in

Roman Britain?

Part of law system What did they do?

Laws Laws were made by the

Emperor and the Senate. They

were written down in detail,

often updated and covered all

aspects of crime.

Policing There was no effective police

force in Rome but the

Emperor’s guard protected the

Emperor and stopped riots. The

army acted as a police force in

the provinces of the Empire.

Trials Victims of crime had to collect

evidence and bring the

accused to court. They could

hire trained lawyers if they

could afford them. Juries

decided serious cases; judges

decided less serious ones.

Punishments Punishments were harsh and

often violent. Executions were

common although noblemen

were allowed to go into exile to

escape execution. Prisons were

not used except for debtors.

Key Facts;

1. The Romans were

the first to introduce

a centralised and

common system of

law and law

enforcement.

2. Roman law and

principles were

more rational than

earlier legal systems

and were not

based on religion.

The Legal System:

- People reported a

crime to the local

centurion – he

would decide if it

should go to court.

- Smaller crimes were

judged by Roman

officials in local

courts.

- Serious crimes were

tired by the Roman

Governor of Britain.

- Roman legions

were in charge of

dealing with riot

and disorder.

Objective: to

understand the Roman

law system and the use

of governors and

magistrates.

The forces of law and order in

Rome from c.AD6 to c.AD400

Praetorian guards; the

Emperor’s household guard

was used only in emergencies

to protect the Emperor from

riots.

Urban cohorts; they were

soldiers. Their main job was to

keep order by stopping riots,

they did not patrol the streets.

The vigiles; their main duty was

preventing and putting out

fires. On patrol at night they

tried to stop crimes or capture

runaway slaves.

Example question:

How fair was the

Roman system of law &

order? (16)

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What changes were

there to crime and

punishment in Anglo-

Saxon society?

Key Information:

The Anglo-Saxon

period sees the

beginning of the

influence of the

Church in what was

classified as a crime

and how people

were punished.

The death penalty

was less common

than in Roman

times as it was

believed that

criminals should be

given a chance to

repent and save

their souls.

Anglo-Saxon law

was more localised

than Roman law as

Britain was split up

into different

kingdoms for much

of the period.

Objective: to assess the

extent of continuity and

change while

considering the end of

the Roman Empire and

its impact on society

and the law system.

CONTINUITY

In a trial the decision

about guilt was still

taken by a jury.

Still no organised

police force.

Minor crimes are still

punishable by fines.

Major crimes are still

punishable by

execution.

The wealthier people

in society still

controlled the law

and order system.

CHANGE

Influence of the Christian Church.

The importance of local community and family with the

‘hue and cry’ and Wergeld payments as a punishment.

The creation of ‘tithings’: a system of collective

responsibility, a group of ten free males.

The role of the king in law making and enforcement grew.

Mutilations became more favourable than executions, as

this gave the guilty the chance to repent and so save their

soul (related to the influence of the Church).

Trial by ordeal: supposed to reveal the judgement of God

through the healing of injuries (e.g. injuries were inflicted

using hot water and fire amongst others, and if they had

began healing 3 days later, they were innocent).

Example question:

What were the key

features of Anglo-Saxon

law enforcement? (9)

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What impact did the

Norman Conquest have on

law and order in England?

Key Dates

1066: Norman

Conquest

1066: Introduction of

Forest Laws,

trial by

combat, right

of sanctuary

and benefit of

clergy,

1069: the start of a

string of

rebellions

across the

south-west,

the Welsh

borders, East

Anglia and the

North of

England; lasts

for about a

year

Objective: to

understand the role of

the Norman Conquest

on crime and

punishment; right of

sanctuary, benefit of

the clergy, forest laws,

trial by combat.

Policing and Enforcement

The reliance on shire courts and sheriffs for the maintenance

of law and order continued.

The Normans introduced a new method of trial by ordeal –

this was trial by combat as the Normans thought God would

show guilt through the result of combat between the

accused and the accuser.

County courts were set up to deal with more serious crimes.

Laws

Forest Laws: 30% of England became protected Royal Forests

It was a crime to kill animals like deer or cut down trees

without permission.

A large network of officials policed the laws of the forest.

Example question:

‘The creation of new

crimes was the most

important change to

English law made by

the Normans’. Do you

agree? (16)

The Church

Right of sanctuary: nobody could be arrested in a church.

Benefit of clergy: all clergy could be tried in a Church court.

More prosecution of religious or moral crimes (adultery, sex

before marriage, not following the Church).

Punishments

Use of the dealth

penalty rose

dramatically, as did

mutilations and

amputations.

The death penalty

was widened to

cover more

offences, including

theft.

Paying

compensation to

victims declined.

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Crime, punishment and

policing in the later

middle ages

Key Dates

1135-1154: civil war in

England that broke

down law and order.

1154: Henry II

becomes King.

1161: Following the

death of the

Archbishop of

Canterbury, Henry II

appointed an English

Chancellor, Thomas

Becket, in the hope of

lowering the influence

of the Church,

1164: Constitutions of

Clarendon

1176: Henry II

introduces travelling

justices in Eyre.

1179: ‘Grand juries’

are created.

1212: Trial by ordeal

abolished.

1361: Justice of the

Peace Act

Objective: to be able

to comment upon and

assess the reasons for

Henry II changes to the

law system and how

the changes were

made.

Law System

post-1154

JURIES: Henry II

created ‘grand

juries’ and made

juries more

common and

important

ROYAL WRITS:

sent to all sheriffs

containing the

king’s instructions

COUNTY GAOLS:

where the accused

was kept before trial,

one in every county

COURT OF

THE KING’S

BENCH:

where all

the most

serious

cases

would be

dealt with

TRAVELLING

JUSTICES IN EYRE:

England divided

into 6 ‘eyres’ and

royal judges

travelled around

CHURCH JUSTICE: Henry II

attempted to lower the

Church’s influence, and

failed.

Example question:

In what ways did law

enforcement differ in

the later medieval

period from the

Norman period?

In 1285, Edward I passed a law

which allowed sheriffs to form

‘posses’ of local men to help

chase and catch criminals.

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What was England like in

1480-1750?

Key Dates

1534: Henry VII replaces the Pope as head of the Church of England. 1536: Monasteries begin to be closed down. 1536-1543: Wales and England united. 1555: Pope restored as head of the Church of England. 1559: Elizabeth I replaces Pope as head of the Church of England. 1605: The Gunpowder Plot. 1642-1646: The English Civil War 1649: monarchy abolished. 1660: monarchy restored. 1665: The Plague. 1666: Great Fire of London. 1707: England and Scotland united.

Objective: to develop a

chronological overview

of the period and think

about the approaches

to law and order.

Example question:

How successful were

attempts to enforce

law and order during

the period c.1450-

1750?

FACTORS

AFFECTING

CRIME

THE CHANGING MONARCHY

Following the Tudors, England

entered into a period of civil

war in 1642. This made life in

England unstable and crime

became second to riots and

rebellions.

RELIGION

Pre-1534 there was only

one main religion in

England – Catholicism.

Following 1534, there were

two religions –

Protestantism and

Catholicism, with following

Catholicism (heresy) being

a crime. This then changed

again in 1555, with

Protestantism being illegal.

Four years later, religion

changed back again.

THREATS TO RULERS

Events like the

Gunpowder Plot

and the Civil War

increased the fear

in the government

and the rulers that

there would be a

great rebellion and

therefore

punishments were

increasingly harsh

as a deterrent.

ECONOMIC CHANGE

Increased wealth and

increased poverty –

business and trade

growing rapidly due to

London becoming a

centre of commerce, yet

majority remained poor

due to bad harvests. Tax

increase on imports

(smuggling).

MEDIA

The invention

of printing

meant more

books,

pamphlets

and

broadsheets.

Favourite

topics for

publishing

were alarming

reports on

crime.

CHANGES IN SOCIETY

Better roads helped the development of

coaches and more people could travel.

Population increase meant it was harder

to find work. Landowners getting wealthier

and wanted to keep it that way, so

wanted to keep the poor in their place.

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Why was begging a

crime in the 16th century?

Why did the number of

beggars increase during the

16th century?

Why was begging treated so

harshly?

Problems in the cloth industry

increased the number of

unemployed people

Large numbers of beggars

travelling on the roads

seemed to threaten a society

where people were

expected to know their

place within their local

community

Inflation caused prices to

raise faster than wages

The cost of supporting

beggars was resented by the

communities they ended up

in

Landowners kept sheep,

instead of growing crops. This

needed fewer workers

Acts of charity did not seem

to be enough to meet the

rising demand from the poor

people

Closure of monasteries took

away support for the poor

Poor people were more likely

to turn to other crimes such

as theft

End of wars in England led to

soldiers being out of work

Population increase put

pressure on jobs and food

There was no national system

to help the unemployed and

sick

Key Information:

Despite the laws

against begging, it

was impossible to

stop because it

was brought on by

wider social

causes.

Some places, such

as York, issued

badges to sick of

injured beggars,

who were thought

to deserve help

(the ‘deserving

poor’)

Vagabonds and

Beggars Act

(1494): beggars

put in stocks.

1531: beggars

classed as either

‘deserving’ or

’sturdy beggars.

1547: Vagrancy

Act, beggars

forced to work

and could be

whipped or

branded. Act was

later repealed.

Objective: to

understand how and

why the treatment of

vagabonds changed

over time.

Example question:

Explain why vagabonds

were punished so

harshly during the Tudor

period. (9)

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THE GUNPOWDER

PLOT

1603

In 1603, King James I declared his 'detestation' of

Catholics and began to pass

more laws against them.

Mistrust of Catholics under

Elizabeth I had led to anti-Catholic beliefs and laws against them.

Previous to these laws, Catholics

were allowed to live peacefully. Therefore this

group of Catholics felt that removing

James I may return Catholics to a suitable place in

society.

The Plot

•The plotters hid gunpowder under Parliament to blow King James up when he opened Parliament in November 1603.

•One plotter, Thomas Wintour, said that the murder would lead to confusion which the Catholics could exploit to take control.

Punishment

•The plotters were caught before they could kill the king and were rounded up and executed, Guy Fawkes was also tortured into confessing.

•They were dragged to the scaffold, hung until they were near death, taken down and castrated, disembowelled and cut into quarters.

Impact on Catholics

•Ordinary Catholics had to pay a fine to be allowed to keep their beliefs.

•The body parts were sent around the country as a warning.

How did rulers react to

threats to their power in the

16th and 17th centuries?

Key Information

Political changes

between 1485 and

1700 caused rulers

to feel under threat.

This led to an

increase in

accusations of

treason.

Earlier harsh

punishments –

designed to crush

opposition to royal

power – were

increasingly used in

this period of time.

Lessening of

political tension

after 1750 reduced

the use of such

punishments.

Objective: to

understand why the

authorities felt so

threatened and how

they responded.

Example question:

Why were the

Gunpowder Plotters

treated so harshly? (12)

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Was poaching really a

crime?

Why did celebrating

Christmas become a

crime in the 17th century?

Reasons why Christmas

became a crime

Impact

Puritans believed that

they were not true

Christian festivals, and

that Christmas was

originally a pagan

festival.

Therefore they believed

that if you celebrated

Christmas you would go

to hell.

Enforcing this was relatively

easy as the Puritans could

use soldiers to keep the

churches closed.

However, it was near

impossible to stop private

celebrations in people’s

homes.

Shopkeepers would close

their shops on Christmas

Day as usual.

Key Dates

1080: poaching first

made a crime with

the Norman Forest

Laws.

1647: It becomes

illegal to celebrate

Christmas, Easter and

Whitsun.

1700s: a series of laws

are created to

combat poaching;

Only landowners

whose land was

worth £100 a year

could hunt and

they could hunt

anywhere (but this

was a lot of

money).

Possessing dogs or

snares that could

be used for

hunting was

punished by a £5

fine or three

months in prison.

1725: The Black Act is

passed making the

punishment for

hunting deer, hare or

rabbits execution.

Objective: to consider

the reasons behind why

poaching and

celebrating Christmas

were considered as

crimes and what this

demonstrates about

society.

Example question;

Explain how these two

crimes can be seen as

‘social crimes’.

What did

people

think?

Middle class men

saw poaching as

a traditional

custom and felt

that they were

being oppressed.

The big landowners

controlled parliament

and the laws they

made, they were also

the ones which

poaching laws did not

affect, and who would

suffer if someone was

poaching on their land.

To a lot of villagers, poaching was not only a

source of extra food and money, but it was

also a trade.

Due to the punishments that faced

them if they were caught, poachers

sometimes became violent.

16

WHAT EVIDENCE WAS USED TO

CONVICT?

Unusual marks on a woman’s body.

‘Pricking’: using a needle, would see

if the witch could feel pain.

Confessions (following incidents of

sleep deprivation)

‘Swimming test’: based on trial by

ordeal.

If two ‘proven’ witches would swear

that the accused was one too.

Neighbour could provide evidence

of strange behaviour.

Why did witchcraft

become such a problem?

Key Factors

RELIGION: During the

period 1500-1700,

both Catholic and

Protestant rulers and

Church leaders

called for action

against suspected

witches.

ECONOMIC

HARDSHIP: Bad

economic luck (crop

failures/death of

animals) was blamed

on evil spirits and the

spells of witches.

SOCIAL CHANGES:

People moved to

find jobs, leaving

many old women by

themselves, turning

to magic and

charms to earn

money.

CIVIL WAR: Tensions

in communities

heightened by the

Civil War, which

caused more

accusations.

Objective: to assess

the ability of the law

system and society to

identify and punish

those for witchcraft.

Example question:

‘The acceptance of

scientific explanation

was the main reason

why witchcraft trials

ended’. Do you agree?

(16)

WHY WOMEN?

Over 90% of people accused

between 1450 and 1750 were

women.

Christianity had portrayed women

as morally weaker than men and

therefore easily persuaded to do the

Devil’s work.

The Puritans in particular tended to

see women as temptresses.

The women accused usually lived

alone and were mostly over 50.

The most

common

punishment for

witchcraft was

hanging.

WHY DID WITCHCRAFT TRIALS DECLINE?

Economic and social change began to slow down, as many

people started to become better off and share in the prosperity.

This reduced the tensions in villages and so most people became

less jealous and suspicious of their neighbours.

A growing number of people were taking a more rational attitude

to what they now saw as superstitions.

The reign of Charles II from 1660 saw the creation of the Royal

Society and a huge increase in scientific discoveries, which were

encouraged by the king. Many things that had been seen as the

work of evil spirits and spells began to be explained by science.

However, although accusations declined, witchcraft continued to

be a crime until all laws concerning witchcraft were abolished in

1736.

17

What were the key

features of crime,

punishment and policing

in 1485-1750?

Key Dates

1534: Church of

England set up.

1542: First law against

witchcraft.

1549: Kett’s rebellion.

1605: Gunpowder

Plot

1642-1649: English

Civil War

1715: The Riot Act

1718: Transportation

Act

1723: The Black Act –

increased the

number of capital

offences by 50.

1736: Last law

against witchcraft

repealed.

Objective: to

understand the

development of how

English society

punished and

investigated crimes

during this period.

KEY CRIMES

- Vagrancy

- Witchcraft

- Poaching

- Drinking & not attending

church

- Highway robbery

- Smuggling

- Riot

KEY FEATURES OF PUNISHMENTS

- Nearly everyone believed that

the best way of deterring

criminals was to have savage,

terrifying punishments that would

frighten people away from crime.

- This meant new types of

punishment was created to be

more frightening.

KEY FEATURES OF POLICING

- System of unpaid

constables, hue and cry

(the use of citizens),

watchmen and the

army.

- ‘Thief takers’: Men, who

earned their living from

the rewards they

received for bringing

criminals to justice,

began to track criminals

from the early 1700s

onwards.

- There was no proper

force to collect

evidence.

- Citizens expected to

deal with crime

themselves. If someone

was robbed, it was their

responsibility to get an

arrest warrant from a

magistrate, track down

the criminal and deliver

the criminal to the

constable.

Example question:

In what ways did

methods of law

enforcement change in

the period 1450-1850?

(12)

18

What were the key

features of crime,

punishment and policing in

1750-1900?

Key Dates

1829: The

Metropolitan Police

Force was set up in

London. It had 3200

men.

1835: A new law said

that countries were

allowed to set up

their own police

forces. The first prison

inspectors were

appointed.

1839: General rules

for all prisons were

provided by the

government.

1841: Only murder

and treason

remained as capital

crimes.

1868: The end of

public executions.

1878: The

government took

over all prisons.

Objective: to develop

a chronological

overview of the period

and think about

approaches to law and

order.

FACTORS

AFFECTING

CRIME

CHANGES TO POLICING

The introduction of a proper

police force in 1829 meant

that the crime rate began to

fall from the 1850s onwards.

FEAR OF RISING CRIME

Fear of rising crime led to a

demand for more effective

punishments. The Bloody

Code had not reduced crime

as had been claimed. Public

executions did not work as a

deterrent and prisons were

seen as ‘schools for crime’.

THE ROLE OF

GOVERNMENT

Governments were

becoming more

involved in every

aspect of society in

order to improve

conditions.

THE WORK OF REFORMERS

Reformers influenced government thinking about how prisons

should be run. Reformers believed that prisoners could be

reformed through hard work and religious instruction.

A REVOLUTION IN

PUNISHMENT & POLICING?

-Bloody Code swept

away

-Prison sentences more

common

Example question;

How much did attitudes

towards crimes against

authority change from

the middle ages to the

mid-19th century? (12)

19

What does the Bloody

Code tell us about

society?

SOURCE: A cartoon by William

Health in 1831 titled: ‘Merry

England’

Key Information

The number of

crimes carrying

the death penalty

rose greatly;

1688: 50 crimes.

1765: 160 crimes.

1815: 225 crimes.

1723: The Waltham

Black Act added

50 new crimes

were added to

the list of crimes

punishable by

death.

Judges would put

black caps on top

of their wigs

before declaring

that the sentence

would be death.

The laws were so

harsh that

historians have

given them the

nickname of the

Bloody Code.

Objective: to

understand the Bloody

Code and assess its

failures.

CRIMES INCLUDED IN THE BLOODY CODE: stealing horses, arson,

destroying turnpike roads, destroying fishponds, vandalising

Westminster Bridge, begging if you were a soldier or a sailor,

smuggling, breaking tools used to make wool etc.

WHY DID THE BLOODY CODE

END?

- In the 1700s only 40% of

those sentenced to

death were actually

hung.

- Public executions no

longer seen as deterrent.

- Juries would often not

convict people for minor

crimes as they thought

the punishment was

unfair.

- Impact of Enlightenment

and new thinking: people

began to think that the

punishment did not

match the crime.

WHAT CAN THE BLOODY

CODE TELL US ABOUT

POLICING AT THIS TIME?

- Some believed that the

best way to frighten

people away from crime

was to enforce severe

punishment.

- Believed that the

innocent may be hanged

now and again but it the

price that must be paid.

- The law system meant

that many who were

guilty went free as the

juries wanted to avoid the

death sentence.

Example question:

Why did public

executions end in 1868?

(12)

20

Why were the laws against

smuggling so difficult to

enforce in the 18th and

early 19th centuries?

- The decision to raise large amounts of money by taxing

goods coming into the country created a situation where huge

amounts of money could be made by bringing goods into the

country illegally.

- Smuggling met the high demands for these goods.

- Because the actual goods brought into the country were

legal and harmless, many people were sympathetic towards

smugglers. They thought it was the government acting

unreasonably.

- The harsh punishments for smuggling only added to this

sympathy.

- Large numbers of people near the coasts were involved in

active smuggling, hiding contraband, providing alibis for

smugglers and trading with them. Many more inland bought the

smuggled goods.

- This created a situation where there was a huge difference

between the official and the popular view of smuggling and its

status as a crime.

- People regarded as criminals by the government became

popular heroes.

Key Dates

1690: Mounted

customs officers

established.

1700: Waterguard

established with ships

to patrol coast.

1740s: Growth of

armed smuggling

gangs.

1745: Tax on tea

reduced. Smugglers

turned to smuggling

spirits.

1759: Cost of fighting

wars led to increased

tax on imports.

1792-1815:

Widespread

smuggling of French

goods (during war

with France).

1850: Taxes on

imported goods cut.

Period of large-scale

smuggling over.

Objective: to

understand the range of

contemporary opinion

on how smuggling was

enforced as a crime.

A GOVERNMENT-MADE PROBLEM?

CRIMINALS OR POPULAR

HEROES?

Example question:

‘Why was it so difficult

to deal with smuggling

and poaching in the

18th century? (12)

21

Why were protestors

treated so harshly

between 1700 and 1850?

Example of protest Punishments of the protesters

The Luddites: in 1811, the

Luddites smashed about 1000

new machines in Nottingham

and Derbyshire. This later

spread around the country to

other cities.

In 1813, 14 Luddites were

hanged after an attack on a

mill, and this acted as a

deterrent. The Luddite

attacks became fewer and

fewer after 1813.

Peterloo: On 16 August 1819,

a huge meeting was held in

St Peter’s Field in Manchester.

60, 000 men, women and

children turned up to hear

speeches about the right to

vote.

Local magistrates sent in

armed soldiers to capture

the speakers. In less than an

hour, 11 people lay dead

(including a baby) and 400

more were injured. Speaker

Henry Hunt was jailed for 2yrs.

The Captain Swing Riots: In

1830, ‘machine smashing’

started again, except against

farm machinery and arson.

19 people were hanged, 644

jailed, 481 transported, 7

fined and one whipped.

Chartists: an organisation set

on persuading Parliament to

change the voting system.

20 Chartists killed when

soldiers opened fire on a

protest. 500 Chartists

imprisoned.

Key Dates

1811: Luddist attacks

begin.

1819: Peterloo

incident.

1830: Swing Riots

begin.

1833: Tolpuddle

Martyrs.

1839: Incident where

soldiers opened fire

on a Chartist protest

meeting in Newport

and killed 20

Chartists.

1839-1848: over this

period of time, over

100 Chartists were

transported to

Australia.

Objective: to assess the

punishments against

protestors.

Why was the

government

so worried

about

protesters?

The French Revolution of 1789 raised the stakes and now

the landowners and politicians in Britain saw every protest

as the beginning of a British Revolution. Later revolutions

in France, in 1830 and 1848, kept alive fear of revolution.

If people were protesting, they

were not working, therefore

disrupting work and trade. This

meant that the economy

suffered, so pressure was put

on the government by owners

of business which employed

protestors to deter future

protests with harsh

punishments.

Example question;

Why was the

government so worried

about protestors

between 1700 and 1850

and how did this affect

how protestors were

punished?

22

Who were the Tolpuddle

Martyrs?

Key Information

After the French

Revolution, and also

the assassination of

the British Prime

Minister in 1812, the

authorities were

eager to clamp

down on anyone

involved in unrest, as

the story of the

Tolpuddle Martyrs in

1833 shows.

The source at the

bottom of the page

shows a

demonstration in

London on 21 April

1834 in protest at the

deportation of the

Tolpuddle Martyrs.

Objective: to

understand the fears of

the authorities in their

treatment of the

Tolpuddle Martyrs and

the impact of popular

opinion for their release.

TOLPUDDLE

MARTYRS

In 1833, George

Loveless and five

other farm workers in

Tolpuddle, Dorset

met in secret. They

swore an oath to

join a trade union.

This was not illegal.

Employers did not like

the idea of unions and

tried to break them up.

A local magistrate used a law

meant only for the navy to arrest

the six men and put them on trial. An unfair jury found them

guilty and they were

sentenced to seven years’

transportation to Australia.

They worked like other

transported criminals did –

hard labour in difficult

conditions.

There was a great campaign

to have them released. One

petition was signed by more

than 250,000 people – in 1836

they were released and

returned to England..

Example question;

Explain why and how

the authorities treated

the Tolpuddle Martyrs in

such a harsh way.

23

What was the impact of

transportation?

REASONS FOR INTRODUCING TRANSPORTATION

Just like hanging, transportation removed the criminals from

Britain and thereby reduced crime.

Transportation would reform the criminals: they would work

and learn new, useful skills so they would be less likely to

reoffend.

It was an alternative to hanging. Juries often found people

innocent if they thought the punishment would be death.

Transportation was seen as a compromise between death

and whipping. Prison was too expensive.

Australia was unknown and terrifying – it had only been

discovered in 1770 and acted as a deterrent.

Transportation would help Britain to claim Australia as part of

its empire and stop countries like France from getting any of

the land.

REASONS FOR

TRANSPORTATION

REASONS AGAINST

TRANSPORTATION

Free labour to build

Australian infrastructure.

The honest settlers in Australia

set up groups to protest

against transportation. They

called it the ‘stain’.

Transportation was popular

with judges who often used it

Prisons were now cheaper

and more widely used.

Transportation was successful

in reforming convicts. Only a

minority ever came back to

England, most stayed there

to work peacefully.

Many thought it was unfair

that prisoners who had won

their ticket of leave could

earn higher wages in

Australia than in Britain.

Key Facts

Transportation was

an alternative to

hanging that was

increasingly used in

the 1700s.

It was the removal

of criminals to other

countries owned by

Britain.

At first America was

used, but after the

1770s Australia was

the destination.

One-sixth of

transportees were

women.

Only 3% of

transportees had

committed violent

crimes.

The last convict ship

arrived in 1868, less

than 100 years after

the punishment

began.

Objective: to

understand the reasons

for the rise and fall of

transportation as a form

of punishment.

Example question;

Why did the authorities

start using

transportation as a

punishment in the 1660s

and stop using it in

1868?

24

Why did prisons become a

more popular punishment

in the 1800s?

Key Dates

1777: John Howard’s

book, State of the

Prisons in England

and Wales, was

published.

1815: Gaolers were

paid out of taxes,

ending the charging

of fees to prisoners.

1835: First prison

inspectors appointed

1839: General rules

for all prisons

provided by the

government.

1842: Pentonville

Prison was built,

meant to be a model

prison.

1864: Penal Servitude

Act – ensured that

prisoners faced the

harshest possible

conditions. Corporal

punishment

reintroduced in

prisons.

1878: The

government took

over control of all

prisons.

Objective: to

understand the reasons

for the increase in the

use of imprisonment in

the 18th and 19th

centuries.

WHY

PRISONS?

RETRIBUTION: To

punish people

for doing wrong.

DETERRENCE: To discourage others from

committing crimes.

RESTITUTION To

work to make

a payment

back to

society.

REMOVAL: To keep

them away from

society to protect

others.

REFORM: To

change a person

for the better.

PRESSURE TO USE PRISONS MORE AS A PUNISHMENT

Critics of crime and previous prison systems said that prisons

and other punishments were too lenient and praised the new

system for helping to deter and reform criminals, as well as

stop younger criminals from developing their criminal

activities under the guidance of older criminals.

Many agreed with the new aim of reforming criminals, rather

than simply sending them back to the streets to commit more

crimes.

Example questions;

How did prisons used for

punishment and

deterrence in the 19th

century influence the

way they were run? (9)

SEPARATE & SILENT SYSTEMS:

isolated prisoners to encourage

self-reflection and repentance.

25

Who was the greatest

prison reformer?

John Howard

• Born in 1726.

• Appointed High Sheriff of Bedfordshire, he was appalled by the conditions in the country gaol.

• He called for prisoners to have Christian teaching, work and decent food, and visits by chaplains and doctors.

• He wanted prisons to be cleaned and prison guards to be paid.

• As a result of his workm parliament passed the 1774 Gaol Act, which suggesting ways for improving health and sanitation.

Sir Robert Peel

• Home Secretary.

• The slow growth in demands for change and the example of Fry's work persuaded Peel that action was needed.

• Brought in a series of reforms like the Gaol Act (1823). Prisoners also given seperate cells in the 1830s and started a new prison-building programme.

Elizabeth Fry

• Born in 1780.

• In Newgate Prison, Fry found women and children living in conditions of violence and disease.

• She set up education classes and treated the prisoners with kindness and respect; she suggested rules and the prisoners voted on them.

• In 1825 Fry published her ideas on how to improve prisons. This spread her ideas and helped to change attitudes.

Successful?

Progress was not

exactly as Howard

or Fry wanted.

They wanted

rehabilitation and

reform. Many in

government

wanted retribution

and deterrence.

Prisons in the 19th

century were a

compromise

between

rehabilitation and

retribution.

Today, some 19th

century prisons are

still used but house

more people than

they were

designed for.

Objective: to evaluate

the success of prison

reforms in the years

1750-1900.

Example question;

How successful were

prison reformers?

26

Why did London need a

police force?

Policing before

1829;

BOW STREET

RUNNERS: Only a

small number,

created in 1749.

Tracked down

criminals and stolen

property.

BOW STREET HORSE

PATROLS; Only a

small number,

patrolled London

streets.

WATCHMEN/

’CHARLIES’; Kept an

eye on property in

London. Usually old,

poorly paid and

organised by parish

constables.

PARISH CONSTABLES:

Dealt with minor

disorder and

beggars.

PART-TIME SOLDIERS;

could be used to put

down riots or

rebellions.

Objective: to

understand the need for

a police force and

public relations.

Problems in

the old

police force

Due to the lack of patrols and

numbers on patrols, magistrates

usually relied on criminals being

caught in the act or given away

by informers.

When there was large scale

disorder, it was necessary to

bring in soldiers. This often led to

deaths. (e.g. Peterloo in 1819).

THE WORK OF SIR

ROBERT PEEL

In 1829, Peel

persuaded parliament

to pass the

Metropolitan Police

Act. This established

the first permanent,

uniformed police

force in London.

Peel believed that the

best way to police the

country was to not

create tensions in

society: he did not

want the police to

look like the army.

As a well-respected

politician, he was able

to persuade

parliament that this

was the best

approach.

Soon cities and

counties around the

country were copying

the example of Peel

and setting up a local

police force.

THE NEW POLICE FORCE

While the new police force did catch

criminals, one of their main effects was

to deter crime.

Police patrols became an important

deterrent to crime, and uniformed

policemen and detectives became

skilled catchers of criminals.

Still, until the use of fingerprints and

other scientific aids in the 20th century,

many crimes were difficult to solve.

Improved pay and training meant that

the police developed a reputation for

honesty. This increased public trust.

Targeting uniformed patrols in high

crime areas helped to reduce street

crimes and disorder.

Example question;

How and why did

policing change in the

19th century?

Emphasis

on

catching

criminals

after crimes

rather than

crime

prevention.

The Bow Street

policemen

were not

present in

sufficient

numbers to

meet the needs

of London.

27

Who was Jonathan Wild?

Why was Jack the Ripper

never caught?

Key Information

Both of these cases

demonstrate issues

in policing;

The case of

Jonathan Wild

shows the need for

a police force

entirely as at this

time the odds in

favour of getting

away with crime

were still heavily in

favour of the

criminal.

The failure to catch

Jack the Ripper

shows how limited

the new police

force was in

catching criminals –

no DNA testing and

limited technology.

Objective: to conduct

an historical enquiry

into the life of Jonathon

Wild and the case of

Jack the Ripper

PROFILE - 1683 – 1725

- Ran a successfully gang

of thieves yet at the same

time seemed to be the

most successful

policeman in the country.

- Would steal goods, hold

them until they were

reported missing and

then claim that he had

found them and receive

the reward.

- Wild would also ‘catch’

his rivals.

- He was finally exposed

and hung in 1725.

- Highlights the lack of an

effective police force.

PROFILE

- 31 August – 9 November

1888

- Killed at least five women in

the Whitechapel area of

London.

- The name – ‘Jack the

Ripper’ – comes from a

letter to the authorities from

a person claiming to be the

killer.

- Despite a large investigation

and media coverage, Jack

the Ripper was never

caught.

- Never caught due to lack of

CCTV, DNA testing,

fingerprinting etc. so could

not process evidence

properly. Example question;

Explain how policing

failed to combat all

crime using these

examples.

28

Are ‘new crimes’ just ‘old

crimes’ in a new format?

OLD CRIMES NEW CRIMES

Selling of poor girls into

prostitution was a problem in

19-century cities.

People trafficking. Many

people from Eastern Europe

and less economically

developed countries are

illegally brought to the UK and

forced to work for low wages

or no wages at all.

In the 18th century organised

criminal gangs smuggled

goods.

Drug smuggling is a multi-

million pound industry.

Impersonating another person

to steal their money is an old

crime, as is tricking money out

of people.

Computer crime is often used

to commit fraud.

Street robbery and other forms

of street crime have been a

problem for centuries.

Street crime and anti-social

behaviour causes great

concern in many towns and

cities.

Two sources depicting old

and new forms of smuggling.

Key Information

A number of

crimes appear to

be ‘new crimes’

but many of these

are, in reality, ‘old

crimes’ using

different methods.

There are new

opportunities of

crime provided by

new technology.

Changing

attitudes change

definitions of

crime.

WATCH OUT!

Students often

assume that using

new technology

are new crimes.

Many of them are

actually still

examples of fraud

or theft – not new

crimes at all.

Objective: to be able to

identify the changing

definitions of crime from

1900 to the present day.

Example question;

How far do you agree

that ‘new’ crimes since

1900 are simply old

crimes in a new

format? (12)

29

Why was refusing to kill

someone a crime?

Reasons behind

Conscientious

Objection

Moral: People who

believe the war is

morally wrong.

Known as Pacifists,

they believe that was

creates problems

rather than solves

them.

Religious: Some

religious groups, e.g.

the Quakers, are

opposed to all war.

‘Thou shalt not kill’.

Political: Those who

object for political

reasons – e.g.

socialists/communists

who believe most

war are fought for

wealth and

capitalism and

therefore do not

agree with the war.

Objective: to identify

when crime can be

legitimised, such as

with the conscientious

objectors.

WW1 WHO WERE THE

CONSCIENTIOUS OBJECTORS?

Two types of objectors: the 'alternativists' (who refused to kill or injure anyone) and the 'absolutists' (who refused to have anything to do with the war effort). The majority of the conscientious objectors were 'alternativists'.

HOW WERE THEY TREATED IN WW1?

The 'alternativists' were mostly given alternative war work (driving ambulances etc). However, some employers would refuse to give them work. The 'absolutists' were treated as criminals and sent to prison where they would be treated badly. Some were even taken to France and threatened if they did not fight.

WW2 WHO WERE THE

CONSCIENTIOUS OBJECTORS?

In all, 59,192 people (including women) claimed exemption; all except 12, 204 were excused. Most of these worked on the land or in the factories yet some CO's agreed to do non-combatant work in the armed forces. Some were part of the Peace Pledge Union, which tried to encourage people to oppose the war.

HOW WERE THEY TREATED IN WW2?

They were not persecuted in the same way as WW1 and the government made more effort to find them alternative work. Tribunals were set up similarly to WW1, to determine if they had a legitimate reason to not fight. However, the public opinion had not changed much, and CO's were still accused of being cowards and traitors.

Example question:

‘The attitude of the

government was the

most important reason

why conscientious

objectors in the Second

World War were treated

differently from

conscientious objectors

in the First World War’.

Do you agree? Explain

your answer. (16)

30

VOICES IN PARLIAMENT

In 1971, MP Jack Ashley

raised the issue of domestic

violence in parliament for

the first time. Shortly

afterwards, parliament set

up the Select Committee on

Violence in Marriage to look

into the problem and

consider whether the law

should be changed.

How has Domestic

Violence become a

crime?

Why were the authorities so slow to act previous to 1970?

The authorities did not want to interfere in private family matters.

Before 1918, women had very little political power. All laws were

made by men.

The law was also enforced by men; all-male police force who

were often reluctant to intervene in ‘domestic incidents’.

Domestic violence was seen as an effect of ‘drunkenness and

disorder’ amongst the working classes – not the upper or middle

classes so not seen as much of a problem in its own right.

Women themselves were often too scared to speak out and

make complaints against their husbands.

THE CHANGING LAW

1976: Domestic Violence Act –

gave protection to victims.

1991: marital rape becomes a

criminal offence.

1996: Family Law Act - gave extra

protection to victims and families.

2004: Domestic Violence, Crime

and Victims Act – gave police and

courts better powers to deal with

abusers.

Forces for

change

CAMPAIGN GROUPS:

The feminist ideas of

the Women’s

Liberation Movement

became a strong

force in the 1960s.

NEW IDEAS ABOUT

THE ROLE OF THE

STATE: There was an

increasing

acceptance that the

state could intervene

in family life to

improve the quality

of life of its citizens.

POWER OF THE VOTE:

Women’s concerns

became increasingly

important to those

trying to win the

female vote and

new women MP’s.

MEDIA: Both

broadcast and print

media gave

increasing coverage

to domestic violence

stories.

Objective: to

understand why

violence against

women in the home

was not seen as a

crime before the 1970s

and how women are

more protected.

CAMPAIGN GROUPS

During the late 1960s and 1970s, women’s liberation groups and

movements developed in Britain. Tried to increase public

awareness and get people talking about inequalities suffered

by women rather than it being a ‘taboo’ subject. In 1974, the

National Women’s Aid Federation was established as the first

national organisation concerned with domestic violence in the

UK. Campaign groups increased pressure on the government to

change the law.

RESISTANCE

These different forces were also putting pressure on the legal

authorities to act on domestic violence. These authorities

resisted this, with the Police Superintendents’ Association and

the Chief Police Officers’ Association claiming that existing laws

were sufficient for them to deal with violence in the home.

Example question;

‘Domestic violence

became a crime in

1976 mainly due to

campaigns by women’.

Do you agree? Explain

your answer. (16)

31

How has law

enforcement changed

from c.1900 to the

present day?

Objective: to

understand how

policing has changed

and to be able to

evaluate the

effectiveness of these

changes on the

prevention of crime.

Community

Policing

Modern policing is

not just about

technology.

The setting up of

Neighbourhood

Watch schemes

involves local

people in crime

prevention.

This is comparable

with ways used to

combat crime in

the 15th century,

which made local

communities

responsible for the

behaviour of their

neighbours and

reporting crime.

The difference is

that the modern

scheme is

completely

voluntary.

The Impact

of

Technology

FINGERPRINTING: in 1901 the

fingerprinting department of

New Scotland Yard was set

up. National Automatic

Fingerprint Identification

System set up in 1995.

RADIOS: the

police first

used radios

in 1910.

COMPUTERS: the Police

National Computer was

introduced in 1980 and holds

records on 25 million people.

Also, monitoring websites and

emails allows the police to

hunt for those planning acts of

terrorism.

DNA: in 1995

the DNA

National

Database

Library was set

up. Used to

identify both

victims and

criminals.

CARS & MOTORBIKES:

One of the biggest

changes of the later

20th century was

taking police off the

beat and putting

them in cars.

CCTV: first used by

the police during

the IRA bombing

campaign of the

1970s. Allows

people’s behaviour

on the street to be

checked.

Example question;

How has law

enforcement changed

since 1900? (12)

The creation of

specialist forces

(dog handlers,

armed officers)

32

Why was capital

punishment abolished in

Britain?

THE IMPACT OF CONTROVERSIAL EXECUTIONS

ARGUMENTS FOR AND AGAINST CAPITAL PUNISHMENT

FOR AGAINST

If you murder someone, you

deserve to die.

Capital punishment does not

deter murderers.

It stops a murderer from killing

again.

It’s always wrong to take a

human life – even that of a

murderer.

It deters others from murder. What if the wrong person is

convicted by mistake?

It gives justice to victims and

their families.

Key Dates

1908: People under

16 no longer

hanged.

1933: People under

18 no longer

hanged.

1950: Timothy Evans

executed for the

murder of his wife.

1953: Derek Bentley

to be hanged at

Wandsworth Prison.

1955: Ruth Ellis, the

last woman to be

hanged in the UK.

1964: Last executions:

Peter Anthony Allen

and Gwynne Owen

Evans.

1965: Capital

punishment for

murder cases

suspended for five

years.

1969: Abolition of

capital punishment

for murder.

1999: Death penalty

abolished.

Objective: to

understand the reasons

used for and against

the eventual abolition

of the death penalty in

Britain in 1969.

TIMOTHY EVANS - 1950

Hanged for killing his wife and baby. Later revealed that his wife (and at least five other women) was killed by a man named Christie. Evans was posthumously pardoned in 1966. Sparked concern that capital punishment may not be the best option for punishment.

DEREK BENTLEY

1953

Bentley (aged 19) and Christopher Craig (16) broke into a warehouse where Craig shot and killed a policeman. Bentley had a mental age of 11 and was found guilty of murder and executed, Craig was not sexecuted as he was under 18 years of age. He was posthumously pardoned in 1998.

RUTH ELLIS

1955

This was a controversial case because Ruth had suffered violent abuse from the boyfriend she shot. However, the killing was planned and Ruth was sane so she must have been found guilty. The case made people unhappy that no other sentence seemed availiable.

Example question:

Why was Derek

Bentley’s execution

important in changing

attitudes to capital

punishment? (9)

33

Why has there been a

change from an

emphasis on punishment

to reform and

rehabilitation?

Key Summary

Prisons now exist to

fulfil a number of

functions.

Alternatives to prison

are increasingly used

and are often

thought to be the

most effective way

to rehabilitate non-

violent criminals.

In 1908 prisons called

Borstals were created

to hold young

criminals so as to

avoid them from

being influenced by

or learning from older

criminals.

Objective: to

understand the

changing role of prisons

and alternatives to

imprisonment.

Changes in

punishment

In 1922, the Separate

System of confinement of

prisoners was abolished

(meant that prisoners

would not have to be

secluded from others).

Prison Officers were given

training on how to re-educate

prisoners.

In 1933 the first

‘open prison’ was

established. With

greater freedom,

these were to be

used for less

dangerous

criminals and those

close to release.

Since 1907 probation officers have

worked with offenders to monitor their

behaviour, putting offenders ‘on

probation’ instead of in prison was a big

change in the approach to punishment.

In 1948 the

Criminal

Justice Act

abolished

hard labour

and corporal

punishment.

It also set up

juvenile

Detention

Centres for

young

criminals.

ALTERNATIVES TO PRISON

- Community sentences may include attending drug or

alcohol treatment programmes, work on community

projects or charity work.

- Since 1998 magistrates’ courts can issue an anti-social

behaviour order (ASBO) banning a person from

committing offending behaviour.

- New technology such as electronic tagging has

provided an alternative to prison, while still restricting

the movements of offenders.

Example question;

In what ways did the

desire to reform

prisoners lead to

changes in the prison

system? (12)

during the nineteenth

34

Why is terrorism such a

challenge to the

authorities in the 21st

century?

Key Dates

2001: 2,973 people

killed in attacks in

America (known as

9/11)

2002: 202 people

killed following an

attack on Bali,

Indonesia.

2004: 191 people

were killed in the

Madrid train

bombings.

2005: Terrorists set off

bombs in a co-

ordinated terror

attack that killed 52

people.

2006: Terrorism Act

drawn up – set

guidelines for dealing

with terrorism and

punishments.

Objective: to

understand the nature

of terrorism and its

effects on the police

and the government.

WHY IS

TERRORISM A

CHALLENGE?

Computers and other

modern technology make

it easy to encrypt

evidence, which takes a

long time to find.

CCTV footage and mobile

phone data may take many

weeks rather than days to

search through.

Modern terrorists

try to maximise

casualties so

must be stopped

early – evidence

will be harder to

find.

Terrorists act globally so

evidence needs to be

gathered from around the

world.

Suspects use

fake

identities

and these

take time to

be traced.

Forensic scientists need

time to analyse the

evidence.

Example question;

Explain the problems

faced by the

government in dealing

with the suicide

bombers in London,

July 2005. (9)

35

PERIOD

CRIME

PUNISHMENT

POLICING

ROMAN BRITAIN

Most crimes were

against property

(theft, burglary).

Crimes against

the person were

rare. Crimes

against authority

received the

harshest

punishments.

The death penalty

was often used.

Other

punishments

included flogging,

beating, repaying

cost of stolen

goods, cutting off

limbs, exile.

Legions would deal

with riots. People

reported crime to

local centurion.

Small crimes dealt

with by Roman

officials. Serious

crimes tried by

Roman Governor.

ANGLO-SAXON

ENGLAND

Church created

new laws, which

criminalised some

actions and

created new

crimes like

breaking Church

rules during Lent.

Fines and

compensation

(most common),

floggings and

beatings,

confiscation of

property, cutting

off hands, feet or

tongue, execution

‘Hue and cry’. Guilt

and innocence

decided in a court

by a jury of local

free men. If

couldn’t decide,

trial by ordeal and

handed to the

church.

NORMAN

ENGLAND

Forest laws

making poaching

a crime. Under

the Church,

‘immoral’ actions

became crimes

(sex before

marriage).

Use of the death

penalty rose

dramatically, and

widened to cover

more offences,

including Forest

Laws. Very minor

crimes still

punished by fines,

whipping and

pillory.

Anglo-Saxon

systems of tithings,

the hue and cry

and the court

system continued

with the addition of

trial by combat.

More county courts

were set up for

serious crimes.

MEDIEVAL

ENGLAND

Petty theft still

most common

crime and Forest

Laws still caused

resentment.

Heresy also a

crime: having

religious beliefs

that were

different to the

official religion of

the state.

Hangings

gradually

decreased, but

other physical

punishments

continued. Fines

became

common. The king

also pardoned

some criminals.

In 1164, Henry II

brought together

Anglo-Saxon,

Norman and royal

laws. This enforced

the same system

throughout

England, which is

still the basis of our

Common Law

today.

36

1450 – 1750

FACTORS

CRIME

PUNISHMENT

POLICING

ROLES OF

GOVERNMENTS

/MONARCHS

A civil war in 1642

made life in

England unstable

and crime became

second to riots etc.

Threats to the

monarch/

government

(Gunpowder Plot)

made punishments

harsher.

Some politicians

and members of

government were

involved in

smuggling, making

it hard to police

even more.

MEDIA

The invention of

printing meant

more pamphlets

etc. A favourite

topic was alarming

reports on crime.

Punishments were

public and

reported so as to

spread the word of

deterrence.

RELIGION

The creation of the

Church of England

created the crime

of heresy.

Religious beliefs

made the

punishments for

gambling and sinful

activities harsh.

ATTITUDES & BELIEFS

A belief in the

supernatural and

folklore led to

persecution of

witchcraft.

People believed in

retribution and

deterrents so

punishments were

harsh and public,

SCIENCE &

TECHNOLOGY

No proper force to

collect evidence.

URBANISATION

Harder to find work

so many resorted

to crime, mainly

begging.

Urbanisation made

it harder to police

properly – mostly

rested on members

of the community.

KEY INDIVIDUALS

Jonathan Wild &

Guy Fawkes

POVERTY &WEALTH

Increased wealth

led to tax increase

of imports

(smuggling).

Punishments varied

depending on

class.

TRANSPORT &

COMMUNICATION

Better roads meant

more people could

travel.

The introduction of

transportation to

English colonies as

a punishment.

37

1750-1900

FACTORS

CRIME

PUNISHMENT

POLICING

ROLES OF

GOVERNMENTS

/MONARCHS

Governments

becoming more

involved in trying to

improve conditions,

therefore lowering

the need to commit

crime.

Government

provided general

rules for all prisons in

1839, amongst other

prison reforms. Threat

of revolution (France

1789) still present.

The government

allowed and

supported the

creation of police

forces across the

country. No wars

meant more money

for crime prevention.

MEDIA

The development of

newspapers led to

more reports of

crime, which made

people more afraid

of crime (jack the

Ripper)

RELIGION

Elizabeth Fry’s prison

reforms were

motivated by her

Christian faith.

ATTITUDES & BELIEFS

Attitudes towards

smuggling made it a

popular crime.

Fear of rising crime

led to a demand for

more effective

punishments.

SCIENCE &

TECHNOLOGY

The use of chloroform

in crimes (the

‘garrotters’ in 1850)

CID department

created (1842) and

named (1878)

URBANISATION

More people in towns

meant poor people

settled in poor areas

where crime rates

were higher.

It was feared that

urbanisation could

lead to a mass

uprising (due to more

people), need for

deterrent.

KEY INDIVIDUALS

Charles Dickens:

literature placed a

spotlight on crime

and criminals.

The work of prison

reformers like John

Howard and

Elizabeth Fry.

Robert Peel and the

creation of the

Metropolitan Police

Force.

POVERTY & WEALTH

Extreme poverty

created ‘survival

crimes’.

Punishments varied

depending on a

person’s wealth and

social standing.

TRANSPORT &

COMMUNICATION

Faster transport

meant criminals

could commit crime

in an array of places

quickly.

Travel and

movement meant it

was harder to keep

track of people.

38

1900 – Present Day

FACTORS

CRIME

PUNISHMENT

POLICING

ROLES OF

GOVERNMENTS/

MONARCHS

The government

makes new laws

(creating new

crimes) to deal with

problems.

MEDIA

Highly publicised

cases of crime, such

as the London

Bombings, have

increased peoples

knowledge and fear

of crime.

The media coverage

of a crime has been

said to influence

whether the criminal

is made an ‘example

of’.

RELIGION

ATTITUDES & BELIEFS

Changing society

(changing position of

women) created

new crime –

domestic violence.

Strong belief in

rehabilitation has

influence

punishments

(treatment programs)

People became

more likely to report

crime as belief in the

police force grew.

SCIENCE &

TECHNOLOGY

New technology

meant new types of

crime (computer

crime etc.)

The introduction of

DNA, radios, CCTV,

computers &

fingerprinting.

URBANISATION

Due to cities growing

in size and

population, there has

been a growth in

Neighbourhood

Watch schemes.

KEY INDIVIDUALS

Jack Ashley (MP)

raises issues of

Domestic Violence

(1971)

Timothy Evans, Ruth

Ellis etc, influencing

end of capital

punishment

POVERTY & WEALTH

Universal suffrage

meant that the entire

public could vote

towards laws.

TRANSPORT &

COMMUNICATION

Transport crime has

increased due to

things like the

underground – easy

to get away.

Developments in

police

communication and

transport (cars &

radios) make it easier

to catch. criminals.

39

Example Exam Questions &

Marking Schemes

40

Question 1

Study Sources A and B.

Source A: A vagabond being punished during the Tudor Period.

Source B: From a statement announcing a new government programme, made in

December 1999, by Tony Blair, the Prime Minister of Britain.

1. What can you learn from Sources A and B about changes in attitudes towards the

problems of homelessness? Explain your answer using these sources. (4)

LEVEL

DESCRIPTOR

MARK

Level 1

Simple Statement

Student offers a piece of information or states

an unsupported inference. Award 1 mark for

each relevant comment.

1-2

Level 2

Developed Statement

An inference is drawn and supported from the

source.

3-4

Tonight and every night hundreds of people are sleeping rough on the streets

of our towns and cities. These people need to know that there are place they

can go and sleep, they need someone to help them find a job. Some of them

need skills and training. We can provide that help.

41

4. Why did the authorities start using transportation as a punishment in the 1660s and

stop using it in 1868? (12)

LEVEL

DESCRIPTOR

MARK

Level 1

Simple Statement(s) showing some relevant

knowledge.

Student offers a valid reason for survival but without

support.

e.g. Do not credit simple copying of stimulus

provided.

1-4

Level 2

Developed statements with support from material

which is mostly accurate and relevant.

Student gives narrative of events of period stated or

describes.

Reserve top of level for range and depth of

supporting detail.

5-8

Level 3

Developed explanation

The answer shows understanding of the focus of the

question and is able to support the points made

with sufficient accurate and relevant material.

Reserve top of level for coverage of other aspects.

9-12

You may use the following in your answer and any other information of your own.

In the 1660s some criminals were sent to the American colonies.

1823: Gaol Act passed.

By the 1830s it was costing half a million pounds per year to transport

criminals to Australia.

42

5(b). To what extent did royal control over law enforcement increase during the

period from the Norman Conquest to the end of the Tudor period? (16)

LEVEL

DESCRIPTOR

MARK

Level 1

Simple statement(s) showing some relevant

knowledge.

Student offers a reason or an event from the

period given.

1-4

Level 2

Statements developed with support from

material which is mostly accurate and

relevant. Student writes a narrative answer

outlining events during this period or describes

a key event.

5-8

Level 3

The answer shows understanding of the focus

of the question and is able to support the

points made with sufficient accurate and

relevant material.

Student identifies some of the key

factors/events.

Gives both points of view.

9-12

Level 4

The answer has a sustained focus on the

question. It offers an analysis supported by

precisely selected and accurate material.

Student shows understanding of the historical

context. Considers a wide range of

factors/events.

Makes a clear judgement.

13-16

You may use the following in your answer and any other information of your own.

Trial by Ordeal was used during the Norman period.

In the 12th century Henry II set up the Court of King’s Bench.

During the Tudor period the average number of JP’s in each county more

than doubled.