Exploring change and continuity - OCR BPunishments

Since c.1250, Britain has experienced significant changes in crime and punishment. Developments in the types of crime committed, in law enforcement, and in how crimes are punished have occurred. Common themes can be compared across time periods and reasons for change or continuity can be examined.

Part ofHistoryCrime and punishment, c.1250 to the present day

Punishments

This case study compares punishments and attitudes towards punishment during the industrial period and in Britain since c.1900.

Industrial Britain

Capital punishment

The number of executions dropped and more humane forms of hanging were developed. This was because of concerns about public behaviour at executions, courts being unwilling to use the death penalty and the spread of ideas.

However, people were still hanged for certain crimes, mainly murder. There were still 297 executions between 1830 and 1835.

The new drop was used after 1783 and the long drop after 1874. Both methods led to a quicker and less painful death.

Transportation

Illustration of convicts landing at Botany Bay, Australia. They are chained and walking in front of the guards. In the background other smaller ships are landing.
Figure caption,
Convicts landing at Botany Bay, Australia from Captain Watkin Tench's book 'A Narrative of the Expedition to Botany Bay', 1789

initially to America and then to Australia, was the main alternative to hanging until 1868. Some people thought that transportation would reduce crime because it completely got rid of criminals from Britain. Humanitarians thought that it was a good opportunity to reform criminals. Between 1787 and 1868, around 160,000 convicts were transported to Australia.

Convicts were usually sentenced to 7 years, 14 years or a lifetime of hard labour. When they arrived in Australia, convicts were made to work for the or for the authorities, to help build the new colony. Work included digging ditches and felling trees.

The colony was based on harsh punishment. Convicts who broke rules would be flogged with 25, 50 or even 100 lashes. However, good behaviour was rewarded by early release, which provided good motivation for many convicts.

Prisons

In 1750, prisons were run by gaolers as a business. Prisoners had to pay for everything themselves, including their bedding, food and fuel. Prisoners did no real useful work and conditions were cramped and unsanitary. Some gaolers used brutal punishments, such as whipping.

Prison reformers such as John Howard and Elizabeth Fry worked to improve conditions. In 1823, the Gaol Act introduced changes, such as:

  • The system of paying fees to gaolers ended.
  • had to visit gaols and write reports on conditions.
  • Women had to be supervised only by female wardens.
  • Prisoners should sleep in their own cell with their own bed or hammock.

From the 1850s onwards, some prisons used the silent system. Prisoners were allowed to work together but in silence. Also, it was generally accepted that serious criminals serving over four years in prison would have their sentence reduced after a four-year period of good behaviour.

However, by the 1860s, governments encouraged the use of pointless tasks, such as turning the crank or walking the treadmill, for prisoners. This was because they thought that if criminals hated the work, they would be less likely to reoffend.

Furthermore, the moral panic following the of the 1860s led to politicians bringing in new legislation on prison conditions. Conditions were made substantially harsher:

  • Flogging (abolished in 1861) was brought back in 1863.
  • The 1865 Prisons Act increased hard, pointless labour.
  • The act also introduced punishments such as a diet of bread and water and more solitary confinement.

Britain since c.1900

Capital and corporal punishment

In 1900, such as beating and were still used. However, physical punishments were abolished for all offenders in 1948. After 1962, corporal punishments were no longer used against prisoners either.

Public opinion on the death penalty was divided:

  • Those in favour argued that the death penalty was a strong deterrent that would prevent people from committing murder, and that prisons were too comfortable for people who had committed horrendous crimes.
  • Those against the death penalty made the case that it was not an effective deterrent as most murders are carried out spontaneously. They also said that it was irrational to punish murder with murder - even if it was approved by the state.

Prisons

More people argued that people turned to crime as a result of their circumstances, such as poverty or being born into a criminal family. This led to changes to make prisons places of reform and rather than just harsh punishment:

  • The use of the treadmill and the crank in prisons ended in 1902.
  • Prisoners were allowed to mix and talk to each other.
  • Teachers were employed in prisons to increase education.
  • Work was made more meaningful and prisoners were paid for their work.
  • Diet, heating and conditions in cells were improved.

Young offenders

From c.1900 onwards, psychologists and prison reformers argued that the best way to improve society was to treat its youngest members well.

In 1902, detention centres - known as Borstals - specifically for young people were introduced. The emphasis was on support, education and training young offenders so they would have the skills needed for employment once they were released.

However, between 1979 and 1990, under Prime Minister Margaret Thatcher, the ‘short, sharp shock’ regime was used in detention centres. This involved using a deliberately tough approach, including military-style drills and marching, for a few weeks or months.

Alternatives to prison

There have been many problems with prisons, such as rising costs and overcrowding. A number of alternatives have been used alongside the prison system:

  • In 1907, the Probation Service was introduced. In some cases, instead of offenders being sent to prison, some trustworthy people were made responsible for supervising and advising them. These people became known as probation officers. At first, they had no formal training. However, now probation officers are full-time professionals trained in the job. They supervise minor offenders within the community.
  • Since 1967, some prisoners have been released on
  • Since 1972, community service orders have been used to sentence offenders to activities such as unpaid work.
  • Since the 1990s, electronic tags have been used to monitor the locations of some offenders.

Comparing punishments in c.1750-c.1900 and since c.1900

Question

How far do you agree that methods of punishment were the same in industrial Britain and Britain since c.1900?

  • Identify two continuities in punishment, meaning two punishments that were the same or similar, in both periods.
  • Identify two changes in punishment. These could be new punishments that only emerged after 1900 or punishments that only ended after 1900.

Question

Why have there been changes to punishment since c.1900?

Extent of continuity

On the whole, there has been more change than continuity. Although there was some prison reform in the industrial period, this was undermined by the later reintroduction of harsh regimes and flogging. Additionally, although the ‘short, sharp shock’ approach of the 1980s was considered harsh for the time, it is not really comparable to the physical and psychological punishment of transportation. It was also out of step with the more general turn towards rehabilitation instead of punishment since 1900.