Crime and Punishment Through Time
The Romans c 450BC-600 AD
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The Romans had a very developed system of laws made by the
Emperor and the Senate, written down, updated and covered all
aspects of crime. First recorded in the 12 tables c. 450 BC and added
to over the next 1000 years.
In 535 AD Justinian brought all the laws into one book the Digest of
Roman Laws, one and a half times the length of the Bible.
No police force, but vigiles (patrols at night to prevent fires and stop
crimes and catch runaway slaves) Urban Cohorts (keep order and stop
riots, did not patrol) Praetorian guard (protect the Emperor).
Punishments used to deter crime.
Trials; had to be brought by the victims of crime, trained lawyers
could be hired and juries tried serious cases, judges only for minor
ones.
Punishments; harsh and violent to deter crime, executions common
although nobles would be exiled, could be sent into gladiator arena,
prison only used for debtors as expensive to run, crucifixion used for
some crimes.
Anglo-Saxons
400-1000 AD
Roman empire collapsed c 450 AD no central
government, primitive systems now used based
on kings rule.
Law and Order
maintained by:
•Blood feud
•Tithings
•Compurgation
•The hue and cry
•Juries
•Trials were usually by groups of people known to both the
victim and accused and they would decide on guilt.
Witnesses could be called and if difficult to decide then
Trial by ordeal used, hot water and cold water for men and
hot iron for women, consecrated bread for priests on trial. A
priest supervised as most trials were inside the church.
•Punishments based on Wergild system, however serious
crimes such as treason, arson, betraying your lord did carry
death penalty. Regular offenders could suffer mutilation;
cutting off hand, ear or nose or 'putting out’ of eyes.
Normans 1066-1200 AD
In 1066 England conquered by William of Normandy how did this effect law and order:
• any Normans killed all local people paid fine called Murdrum fine
• kept basic laws of previous English kings
•New laws included forest laws – no-one allowed to cut down trees for fuel or building
without permission, hunting or even caught with dogs or bows or arrows in forest
punishable with mutilation, fines or even death.
•Rebellion against himself punishable by death.
•Death penalty for serious crimes and fines for lesser ones, but payable to the king’s
officials rather than the victim, mutilation for some crimes.
•Introduced Trial by combat for disputes between individuals the accused and accuser
fighting until one wins, victor innocent, defeated hanged.
•He did set up new courts called King’s courts which did help improve law and order.
•William so harsh it was said a man with a chest full of gold could travel throughout the
country with no problems.
Medieval Law and Order
1200-1500
Important point: Most rules brought in by Anglo-Saxons and
Normans still followed.
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By 1200 the wergild system had ended and all fines paid to the king or his
officials, trials by ordeal ended in 1215. Manorial courts still used.
Sheriffs had more importance and were responsible for apprehending
criminals together with locally appointed unpaid officials called constables
Hue and cry still used if people caught in act of crime
New ideas of King’s peace – wherever the king was if a crime was
committed there then punishment was death – the Grand Jury was used for
important cases made up of leading citizens –travelling specialist justices
Church courts became important for those who could prove they were a
priest or other member of the clergy such as monks and nuns. Gave more
lenient punishments in comparison to Royal courts etc.
Trials were now more likely to be held with a Jury of 12 men, but
punishments did not include imprisonment other than while waiting for trial.
Execution and fines were most common. The stocks, pillory and whipping
mostly used for minor crimes all carried out in public to scare possible
future offenders.
Early Modern Britain
1500-1750
Big idea in this period, make the punishment so harsh it
would then deter people from committing crime!
•Most punishments used in the later Middle ages continued such as stocks pillory
whipping, carting, ducking stool, fines and prisons still only used for criminals awaiting
trial or for debtors.
•The system came to be called the ‘Bloody Code’ as most crimes were punishable by death,
including theft of anything worth more than a shilling!
•New punishments were introduced during the period such as Bridewells or Houses of
Correction from late 16th century for vagrants, unmarried mothers and runaway apprentices
where they were whipped and set to hard labour. Also transportation was used from the
1660’s to the colonies, first America and from 1770’s Australia. Prisoners were treated as
slaves and set to work for colonists.
•Typical crimes – vagabonds, Highwaymen, smugglers, poachers. In period 1500-1660
witchcraft was believed to be a major problem and many ‘witches were executed. From
1650-1660 Puritan laws even made drinking and not attending church a crime as well as
banning Christmas, swearing, closing pubs and theatres.
•Still no police force and Hue and Cry still used, unpaid constables, but also now thieftakers who made a living from the rewards given for catching criminals.
The Industrial Age 1750-1900
Changes during this period in Industry, education, growth of
towns and acceptance of government intervention with
political reform meant law and order changed.
•Big change was the abolition of the ‘Bloody Code’ by 1850, but was a gradual
process over the 1820’s and 1830’s. It clearly was not working and putting off
criminals. Public executions were not working and ideas were changing. Last
public execution was in 1868 and only murder and treason were now capital crimes
•People now more interested in why people committed crime and wanted to find
ways to prevent it.
•Transportation was increasingly being used in the early part of the period to
Australia, but ended in 1868.
•Prisons were increasingly being used, although at start of period were terrible
places with systems such as isolation and silent methods tried, but through work of
people like Fry and Howard gradually they were improved with better conditions
and segregation for men, women and children. However, hard labour was expected,
but early release for good behaviour was introduced until 1860’s.
The Industrial Age 1750-1900
• Police force introduced – 1805 Bow Street runners in London,
1829 Metropolitan Police set up by Robert Peel and then
copied by other cities around Britain.
 By 1860 police forces had been set up all over Britain and
detective forces followed.
 System of trials was little changed.
 90% of serious offenders were sent to prison, but fines were
still common.
 Whipping and other physical punishments abolished except in
prisons.
 New laws included 1870 it became compulsory for parents to
send their children to school.
Crime and Punishment in
the 20th/21st centuries
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Crime is still a problem today, with many different types of crime such as internet
fraud, credit card fraud etc, but still many of the old crimes such as murder, theft,
rape and assault. The most worrying of modern crimes is terrorism.
Today we have more agencies to deal with crime, a much larger and more efficient
police force with women police officers at all ranks. Technology plays an important
part in the modern police force, computerised records and surveillance equipment,
CCTV etc.
Prisons have changed over the century with the aim being to rehabilitate the criminal
rather than just lock him/her away. Special prisons for mentally-ill prisoners and
open prisons for those criminals who are near the end of their sentence and not
regarded as a risk to society. Alternatives to prison are also considered such as
Community Service orders and electronic tagging.
Capital punishment was abolished in 1957 except for murder of police officer, prison
officer, through explosion or shooting, or while resisting arrest. It was completely
abolished for all crimes in 1965.
Trials are still by jury in Crown courts, but many crimes go before a Magistrates court
first and can be dealt with there only. Juvenile courts are often in more relaxed
surroundings so as to not intimidate both the accused or the victims if they are
young. Video links can be used in certain circumstances.