Attitudes to punishment – WJECRetribution and deterrence - 19th - 21st century

19th century

During the 19th century, attitudes towards punishment began to change. There was an increasing use of prisons, and a greater belief in reforming prisoners. The ideas of retribution and revenge became less important in punishments.

In 1823, Sir Robert Peel abolished the death penalty for over 180 crimes. Further laws in 1832 and 1861 reduced the number of capital crimes to just five:

• murder
• treason
• piracy with violence
• espionage
• burning down a weapons store or a navy dockyard

This shows several developments in attitudes to punishments.

• A movement away from harsh physical and capital punishment.
• A movement towards the idea of fitting punishments to the seriousness of the crime.
• The realisation of the need for practicality, so courts would follow it.

The reduced desire for retribution can also be seen in the reduced number of corporal crimes. Only flogging remained as a physical punishment in this century. Judges could, and did, order offenders to be whipped until 1948 when an Act of Parliament ended it as a punishment. Punishments also began to be carried out more often in private, showing the reduced emphasis on revenge and deterrence. Public executions ended in 1868. After that, executions happened inside prisons out of the sight of the public.

However, 19th century lawmakers still wanted punishments to be harsh enough to be a deterrent. Capital and corporal punishment were still used.

20th and 21st centuries

These days, punishments are still aimed at deterring criminals, but not through pain, humiliation or death. Loss of liberty through prison, fines and community service are now the main types of punishment.

The modern attitudes towards punishments are to reform and rehabilitate prisoners and the aim is to prevent reoffending.