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and
revision guide
Punishment
Roman system of law and order lost although many of their ideas were
still used like physical, harsh punishments to deter crime. Tribes, e.g
Anglo-Saxons, that took over had their own systems of law and order.
Roman exam questions
2a) Briefly describe how the Romans tried to prevent crime. 5 marks
2a) Briefly describe the effects of Roman law and order on the people in
countries they conquered. 5 marks
2b) Explain why the fall of the Roman Empire had an effect on law and
order. 7 marks
Trials
Up until around 1100 heads of household might
decide in a dispute. Or a jury of local villagers
would decide if the accused was guilty or not. If
they could not decide then the accused underwent
the trial by ordeal. These took place in or near a
church, as God was deciding the case. There were
4 types of trials, hot iron, hot water, cold water
and consecrated bread.
Courts
Saxon kings developed a system of courts:
a) Royal courts the king (or a royal judge) decided cases
involving his lords and other serious crimes
b) Shire courts held twice a year to deal with serious cases like
murder. Lords acted as judges
c) Hundred courts dealt with less serious crimes. It was also
where people joined tithings and swore to keep the peace.
b, Normans and Later Middle Ages 1066-1500
William wanted to be seen as the true king of England and so kept some
laws but also brought new ones in. For example he:
1. Brought in the hated Forest Laws.
2. Dealt with those who rebelled very
harshly
3. Kept the system of trial by ordeal and
added trial by combat.
4. Made fines payable to the king not the
victim Kings peace
Policing Hue and Cry continued to be used. This was now led by the
Constable. This was an ordinary person who tried to keep the peace in
their spare time. If the Hue and Cry did not work then the Sheriff and
Posse had to track the criminal down. Any male over 15 could be
summoned by the sheriff to be part of his posse. The coroner
investigated unnatural deaths.
Sanctuary this was a safe area in a church. Once inside a suspected
criminal could stay there for 40 days before deciding whether to stand
trial or go into exile. If a criminal chose exile they had to carry a white
cross with them all the way to the coast.
Trials - 1215 trial by ordeal abolished. This was because the Church no
longer wanted to use it. By now trial by jury was used more often to
decide if the accused was innocent or guilty.
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Punishments The death penalty was used more often for petty crimes
like breaking the Forest Laws. This has led to Historians saying that the
Later Middle Ages were harsher. However you could avoid the death
penalty if you claimed benefit of clergy this meant reading a passage
from the bible, became a kings approver this meant telling tales on
your fellow criminals, or if you joined the army or were pregnant.
Women and the law they were not allowed to own their own property,
this belonged to their husbands. Women could not divorce their husbands.
They were punished differently to men with ducking stools and scold
bridles and as witches. Women could not sit on a jury or be a witness in a
royal or shire court. They did play a role in the local village or manor
courts though. Women were treated differently because the Church taught
that they were inferior to men. Treatment got worse after the Norman
invasion as the Christian Church got stronger.
Outlaws these were people who avoided attending court and were then
deemed to be outside of the law. This meant that they could be killed by
people, who would not face trial, as the outlaw was not protected by laws.
The story of Robin Hood tells us outlaws could be seen as popular /
romantic figures. It tells us that people did not like unfair officials and high
taxes. But there is no proof he existed or that outlaws were actually like
this.
In reality outlaws were feared. They roamed around in large gangs and
used violence. They would take money from rich and poor and not give it
to the poor. They would commit arson and also target churches.
How harsh was the system of law and order by the end of the Middle
Ages?
The system of law and order
WAS harsh
Kings peace
replaced the
wergild no more compensation
for the victim
More public executions even for
petty crimes
Forest Laws created a lot of
hardship for ordinary people
Law and order was not effectively enforced in the Middle Ages?
WAS effective
WAS NOT effective
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Economic protests
The Great Revolt of 1381
Ordinary peasants marched to London from Kent and Essex demanding
fairer taxes and the freedom to move around the country without
asking their Lords permission. The 14 year old King Richard executed
hundreds as a warning to other rebels.
Ketts rebellion of 1549
A group of around 16,000 marched to Norwich led by a local landowner
named Kett. They were protesting against landowners enclosing their
land to become sheep-farmers, this was a problem because they would
employ less people and turn tenants off their land. They hoped the
King would give the ordinary people some protection against the rich
landowners. Instead the King Edward VI sent an army against them and
executed the leaders.
Religious protests
Pilgrimage of Grace of 1536
30,000 protesters led by a lawyer, Robert Aske wanted England to
return to the Catholic services people were used to, reopen
monasteries which had provided for the poor and cut taxes. The
leaders were arrested and executed brutally. Although they were
peaceful and swore they were loyal to King Henry VIII he still punished
them harshly why? It was partly because they were questioning the
Kings decision over changing the Church services and partly because
Henry was worried about a Catholic invasion
Gunpowder Plot of 1605
Catholic plot to blow up Protestant King James I of England in
Parliament and replace him with a Catholic monarch. England had only
become a Protestant country within the last 100 years and there was a
genuine fear of Catholics. That is why the plotters were harshly treated.
They had also tried to kill the King and this was treason that carried the
death penalty.
Who? Were most likely (but not always) to be old women, living alone,
poor and in need of help. They might be resented because they were a
drain on village resources.
How were they punished? Witches were detected by people like
Matthew Hopkins the Witchfinder General. He was paid for every
witch he found so he found a lot through marks of familiar on their
bodies, the swimming test, the running Test. Once they were proved
to be a witch they were usually hanged.
Why were they punished? Belief in witchcraft peaked just after the
Civil War helped along by King James book about witches and the
development of printing so everyone now heard about trials in other
villages. Protestant preachers taught that the devil was trying to turn
people away from God, all this led to mass hysteria. They were
sometimes blamed for natural disasters like bad harvests or floods as
well as deaths in the village; there was also no scientific explanation for
things.
Smugglers
Who? People who brought goods like tea and brandy in to the country
secretly by boat along the English coast, without paying import taxes
to the government. This made them cheaper and so more people could
afford them. Whole communities/gangs were involved and used
violence against custom officials or informers. There was also a lot of
smuggling because: hard to police; long coastline to patrol; many
people did not see it as a crime.
How were they punished? When caught they would be tried and
executed
Why were they punished? The government took this crime VERY
seriously as it meant a loss of income for them. Smugglers were often
seen as not real criminals because they were only cheating the
government so many ordinary people turned a blind eye. The
government hoped by harsh punishments to deter people from getting
involved.
Highway robbers
Who? Travellers would be held up by thieves usually armed with knives
or guns and have their money / possessions stolen. There was so
much highway robbery because in the 1700s more people began
travelling in coaches with lots of cash (few banks to put it in) so there
were more targets on the roads for highway robbers. Local constables
could do little to stop it. There were plenty of lonely places to hold up
coaches with little chance of anyone witnessing the crime and so it was
easier to get away with it.
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How were they punished? When caught they were tried and
executed, pubs suspected of being their bases lost their licenses.
How did this crime stop? As more and more people travelled there
was more traffic on the roads and less chance of getting away. As
banking developed people were less likely to carry cash around
Poachers
Who? Poachers were often poor people who need to kill animals like
deer and rabbits to survive. They thought the landowners were being
selfish and did not see anything wrong with what they were doing.
They had taken animals from the land for generations.
How were they punished? Punishment was very severe through the
Black Act of 1723 e.g the death penalty, even if you werent caught
actually poaching but were in a hunting area. The gamekeepers were
allowed to use violence to stop poachers.
Why were they punished so harshly? A bit like the old Forest Laws
in the Middle Ages these laws protected landowners property so they
could hunt on it. The government were landowners so they passed very
harsh laws.
Which was the MOST SERIOUS crime? (In the Governments view?)
Poaching
Highway robbery
Smuggling
Many people not see Disrupted trade
Govt loses money
it as a crime.
less
taxes!!
This
makes
the
Govt
VERY concerned
Landowners thought Made areas around Too
few
customs
all game on their London
very officials to police it plus
land belonged to dangerous
huge coastline to cover
them.
The Black Acts that Hard to stop no Carried out by large
made the act of police force; couldnt armed
gangs
e.g
poaching a capital be tracked across Hawkhurst gang.
offence shows the counties
govt
were
concerned.
BUT not much Rich people were Smugglers
protected
threat to govt targeted
which by local communities
income
worried
the and
juries
were
government
reluctant to convict
enough to tell JPs them if they were
to stop licenses for caught
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pubs
sheltering
highwaymen
3a) Briefly describe how vagrants were punished in the sixteenth century.
(5 marks)
3a) Briefly describe how witches were detected in the 16th and 17th
centuries. (5 marks)
3a) Briefly describe the activities of smugglers. (5 marks)
2a) Briefly describe what kind of people was usually accused of being a
witch in the sixteenth and seventeenth century. (5 marks)
3a) Briefly describe the main features of the Bloody Code. (5 marks)
3b) Explain why eighteenth century laws against poaching were so
unpopular. (7 marks)
3b) Explain why heretics were punished so harshly in the 16th and 17th
centuries. (7 marks)
3b) Explain why there was an increase in highway robbery in the 18th
century. (7 marks)
2b) Explain why there was so much smuggling in the eighteenth century.
(7 marks)
3b) Explain why the Bloody Code was introduced. (7 marks)
2b) Explain why the Gunpowder Plotters were punished so harshly. (7
marks)
2b) Explain why there were witch-hunts in the sixteenth and
seventeenth century. (7 marks)
3b) Explain why highway robbery was a serious problem for the
authorities in the eighteenth century. (7 marks)
3c) Highway robbery was a more serious problem than smuggling for
the authorities in the 18th century. How far do you agree with this
statement? Explain your answer. (8 marks)
3c) The Bloody Code was a success. How far do you agree with this
statement? Explain your answer. (8 marks)
3c) The authorities were more worried about poaching than
smuggling. How far do you agree with this statement? Explain your
answer. (8 marks)
2c) Who were the sixteenth and seventeenth century governments more
worried about, vagrants or religious heretics? Explain your answer. (8
marks)
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14
not
Prisons
15
and
Protests
Rebecca Riots the rioters dressed up as women and attacked and
destroyed tollgates. Barns and hayricks belonging to landowners burnt.
Police sent form London. Leaders arrested. Some transported.
Why did the Rebecca riots happen? Farmers had to pay taxes to use
roads to transport lime to fertilize their soil. The taxes on the roads
(tollgates) kept going up. The farmers were poor and couldnt afford to
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pay the taxes but still needed to use the roads so they rioted. They also
rioted because of the New Poor Law; tithes and different turnpikes.
Peterloo massacre 1819 was when 60,000 people turned up to St
Peters field to Manchester to demand the right to vote. Henry Hunt was
the main speaker and the local authorities were nervous about what might
happen. They feared a rebellion. As he started to speak, local soldiers rode
forward to arrest him. 11 people were killed and 400 wounded.
How successfully did the government deal with Peterloo? Protests were
dispersed; Hunt and other leaders were arrested; 6 acts passed public
meetings of over 50 people were banned, magistrates could search
houses for weapons, seize and destroy newspapers, trials speeded up. But
over reaction by local soldiers caused more opposition; Soldiers turned a
peaceful meeting violent; soldiers over-reacted.
Peterloo was important because men, women and children were killed. It
was a peaceful protest until the local soldiers attacked. The protestors
used it as propaganda. The government were criticised. The government
reacted by bringing in the 6 acts.
Transportation
was
a
failure
It was expensive and prison was
cheaper
It was seen as a soft punishment
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crime
It did reform convicts some got In 1851 gold was discovered. This
tickets of leave and went on to meant
criminals
were
being
lead successful lives in Australia
rewarded
by
being
sent
somewhere they might get rich.
It strengthened Britains control
over Australia
Which was most effective?
Prisons
Transportation
Took criminals out of Useful while there were
society
very
few
prisons
around
Chance for reform
Better alternative to
hanging
Silent and separate Could reform prisoners
systems
stopped
criminals mixing
Australia unknown so it
was
a
terrifying
punishment
BUT
BUT
Failed
to
reform Tickets of leave made it
prisoners
a soft punishment
Silent system led to Did not lead to a fall in
high suicide rates
the crime rate.
Harsh punishments
whipping
electric
shocks
Police
Police
became
accepted
and
respected
Quality
of
recruits
improved
Crime fell 1850-1900
BUT
Seen as an extension
of the army
Seen as a threat to
personal freedom
4a) Briefly describe what happened during the Rebecca riots. (5 marks)
3a) Briefly describe the experiences of prisoners who were transported
to Australia. (5 marks)
4a) Briefly describe the impact of popular protests on crime and
punishment in the 19th century. (5 marks)
4b) Explain why the separate and silent systems were introduced into
nineteenth century prisons. (7 marks)
4b) Explain why industrialisation in the 19th century led to an increase
in crime. (7 marks)
4b) Explain why Peterloo was important at the time. (7 marks)
3b) Explain why the separate system was introduced to prisons in the
nineteenth century. (7 marks)
3b) Explain why prisons were reformed in the nineteenth century. (7
marks)
3b) Explain why Robert Peel was able to set up a police force in 1829. (7
marks)
4b) Explain the causes of the Rebecca riots. (7 marks)
4c) Which was the more effective form of punishment, transportation or
prison? Explain your answer. (8 marks)
3c) Prisons became much more harsh during the nineteenth century.
How far do you agree with this statement? Explain your answer. (8 marks)
3c) Transportation was a success. How far do you agree with this
statement? Explain your answer. (8 marks)
4c) The authorities dealt with Peterloo more successfully than they
dealt with the Rebecca riots.
How far do you agree with this
statement? Explain your answer (8 marks)
3c) Which had been the more successful development by the end of the
nineteenth century, prison reform or the development police force.
Explain your answer. (8 marks)
3c) Between 1830 and 1900 the police were a success. How far do
you agree with this statement? (8 marks)
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was
knowledge
to
explain
NO
People
thought
women
were
irresponsible
Brought the issue to peoples Government determined not to give
attention people hadnt paid a lot in to violence
of attention before
Made the government think about Violence frightened people
the issue
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Treatment of Suffragettes
force
feeding
gained
sympathy
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4c) Which had the greater impact on law and order in the twentieth
century, war or recessions? Explain your answer. (8 marks)
4c) The Suffragettes did more harm than good to the campaign for the
vote. How far do you agree with this statement? Explain your answer. (8
marks)
Study Source C
5c) The Suffragettes did more harm than good to the
campaign for the vote. How far do you agree with this
statement? Explain your answer. (8 marks)
General questions
Religion from the Middle Ages to the nineteenth century religion has
led to: trials by ordeal; heresy being a crime people who disagreed with
their government over religion; witchcraft; attitudes towards prisons in the
nineteenth century.
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Governments
Romans strong system of laws
and courts, use of jury we still use
today
18th century introduction of the
Bloody Code to protect the
property of the rich
Robert Peel setting up the police 19th century introduction of police
force in 1829
force and prison reforms through
taxation, accepting the idea that
the government must protect its
people from crime
Religion more important than the government in the history of
crime and punishment:
Religion
Government
Middle Ages set up trial by ordeal
William I Kings peace this idea
still lives on in the idea of public
order
Attitudes towards poverty, poor 18th century introduction of the
people have been placed there by Bloody Code to protect the property
God
of the rich
Elizabeth Frys religious motivation 19th century introduction of police
to reform prisons
force and prison reforms through
taxation, accepting the idea that
the government must protect its
people from crime
Some
Conscientious
Objectors
refused to join the Army on religious
grounds
General exam questions
4a) Briefly describe the impact of religion on crime and punishment. (5
marks)
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4b) Explain why some periods have seen rapid changes in crime and
punishment (7 marks)
4c) Individuals have had more impact than governments on
developments in crime and punishment. How far do you agree with this
statement? Explain your answer. (8 marks)
4c) Religion has been more important than government in the history
or crime and punishment. How far do you agree with this statement?
Explain your answer. (8 marks)
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