Key Trends in Crime and Punishment Over Time
Roman Crime:
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It is difficult to know what types of crime were most common as there are no written records, but
historians think that the pattern of crime suggests petty theft was the most important, followed by
common rebellions against he Romans having conquered a huge empire. Violent crime was only
a minority of crime.
Roman Laws were made by the Emperor and the Senate. They were written down in detail and
covered all aspects of crime.
There was no police force in the Roman Empire. The Emperor’s guard protected the Emperor
and stopped riots. There were men called Vigiles whose job it was to put out fires at night. They
would often chase after criminals.
Victims of crime in Roman times had to collect evidence and bring the accused to court. They
could hire trained lawyers if they could afford them. Juries decided serious cases and judges
decided less serious ones.
Punishments in Roman times were often violent and harsh. Executions were common although
noble men could go into exile to escape punishment. Prisons were not used except for debtors.
The Middle Ages:
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The majority of crime committed was minor crime. Theft was by far the most common. Violent
crime made up less that 20% of serious crimes. There is a stereotyped view of the Middle Ages
as murderous and bloody when in fact historians have found that it does not deserve this
reputation.
Laws in the Middle Ages dealt with all levels of crime from treason against the King to selling
under-weight bread in the market! Local laws were laid down by the Lords of the Manor.
There was no police force. Tithings (arrangement where a group of ten men were responsible for
their behaviour as a collective whole) and the Hue and Cry (villagers would all chase the criminal)
were the main methods of catching offenders. The sheriff and Posse chased criminals on the run.
Leading villagers were appointed as constables (to keep order). These methods only worked if
there were witnesses to crime, but were much less effective at solving crimes with no witness.
Trial by jury was used for most offences in the Middle Ages. Trial by ordeal was abolished in the
1250 (where the guilt of the accused is tested by subjecting them to painful punishment). From
the 1100’s royal judges travelled the country dealing with serious cases. Trials lasted 15 minutes.
County courts were held by JP’s who were leading land owners. Each manor had a weekly court
run by the local Lord.
Capital punishment was by far the most common punishment in royal courts and was used for
many offences such as theft. Hanging and other punishments were carried out in public to scare
possible offenders. Fines were the most common punishments in manor courts. Prisons were
only used for people awaiting trial. The Stocks, pillories and whipping were also used for minor
crimes.
The Early Modern Period 1500-1750
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Theft was still the most common form of crime in the Early Modern period. Some new crimes
such as vagrancy and highwaymen did appear but they were perceived as more of a problem
than they really were because of the creation of newspapers and more public executions.
Laws in the Early Modern period reflected the growing concerns over of rich landowners about
the crime they perceived as a threat to their livelihood. Social changes such as growth of towns,
development of the printing press, religious changes, increase in travel, all made it seem harder
to punish laws and often exaggerated the real threat of crimes.
There was no police force in the Early Modern period. Local constables were still the main
defence against crime. Two wealthy men would be chosen from the town to deal with every day
matters such as begging without a license. Watchmen and sergeants were now employed in
larger towns to patrol streets day and night but they were poorly paid. The hue and cry still had to
chase criminals and citizens were expected to gather the evidence for a case and bring it to court
themselves. The army was used to put down protests.
Trials changed because of the Habeus Corpus Act passed in 1679. This meant authorities could
not keep a person in prison indefinitely without charging them with a crime. Lawyers were used
more frequently (including defence lawyers) but only in the highest courts. Each case lasted an
average of 15 minutes.
Punishments became much harsher and were given the nickname ‘The Bloody Code’. Many
people were executed for minor crimes even though the crime rate was not getting worse.
Imprisonment was still rare. Transportation was a new form of crime; Criminals were transported
for life to America (later Australia). Another new punishment was the creation of ‘Houses of
correction’ where prisoners were forced to do hard labour. These changes in punishment were
due to changing attitude towards crime.
1750-1900
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Between 1750 and 1900 there was an increasingly wide range of laws. As governments became
more involved in every aspect of society, they made new criminal offences which had not existed
before e.g in 1870 it became compulsory to send children to school. Parents were fined for not
doing so.
An official Professional Police Force was created. By 1860 forces had been set up throughout the
country. Detective forces were also set up.
The system of trials was little changed.
The ‘Bloody Code’ was abolished. Capital Punishment was little used by 1900. The only crimes
punished by execution were murder and treason. The main purpose of punishment was to punish
and reform the criminal, not to warn others away from the crime. Therefore punishments no
longer took place in public. Physical punishments such as whipping were abolished except in
prisons. Fines were a common punishment. Prisons were the main form of punishment with 90%
of serious offenders sent to prison. Transportation was seen as a middle punishment between
execution and fines until prisons took over. Transportation ended in 1868.
The Twentieth Century
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Up to 1940 the recorded crime rate in Britain fell but from 1950 onwards there was a steady
increase in the amount of crime committed. The increase in crime is often attributed to the fact
that far more methods of recording crime are available in C20. Changes in society have also
affected the type of crime committed: computer crime/ car crime/ terrorism.
The police force can be issued with guns when necessary but they are not armed normally on the
streets. The use of the motor car changed the focus of the police from ‘the bobby on the beat’ to
car chases. Dealing with actual crime is only a small percentage of the work of the police force.
The Police can now take advantage of computer records to help catch criminals. Since 1945 the
work of the police has become specialised into groups such as the Anti-fraud squad. The police
remain in 41 separate forces who work together. Police are now selected through a strict
recruitment process to attract the highest quality of recruits. Female police officers are now
recruited too although still less than men. Communication technology has revolutionised how
Police catch criminals: e.g 999 system in 1930’s.From 1901 Blood Groups and Fingerprinting
helped to identify suspects as had DNA more recently.
Punishment in the Twentieth Century changed:
From 1922-47 Alexander Patterson played a key part in bringing reforms to prisons. He argued that
prisons were a punishment in themselves and prisoners should not be punished inside them. Instead
prisons were seen as a place to educate the criminal so that he would leave with skills with which to enter
society. Emphasis was put on reform not punishment. The introduction of a probation service (1907) also
helped to reduce prison population.
But from 1947 onwards the prison population rose due to increase in sentence length, numbers in prison
awaiting trial and numbers of prisoners getting put away for different crimes. Reform then took a back
seat as money was short. Conditions in prisons got worse. The government had to build more prisons
(e.g hulks).
Other forms of alternative punishments were also introduced in first half of twentieth century:
In 1914 anyone needing more time to pay fines was given it rather than being sent to prison. Borstals for
juvenile offenders as an alternative to prison/ 1933 the age of criminal responsibility was raised to 8. In
1948 detention centres were set up to give a ‘short sharp shock’ sentences to juveniles. In 1963 the age
of criminal responsibility was raised to 10..
Capital punishment was abolished in 1965