Crime and punishment in Industrial Britain, c.1750-c.1900 - OCR BPunishments - changes to capital punishment

The crime rate was rising in the first half of the 19th century. Despite this, the Bloody Code was abolished, new forms of hanging were developed and the number of executions dropped.

Reasons for changes in attitude

Concerns about public executions

There were various concerns about public executions:

• From the late 18th century onwards, governments became increasingly worried about the rowdy behaviour of the crowd on days when executions took place.
• Carrying out executions in public was intended to frighten people into following the law. However, public executions seemed to have become lawless events, with people laughing and drinking.
• The government was worried about maintaining law and order during such executions.

The Bloody Code undermined the law

• Many people believed their lives and property were under threat as a result of the Bloody Code.
• Many jury members felt that the use of the death penalty for what they saw as 'minor crimes' was unnecessary.
• Juries were often unwilling to declare someone guilty because they viewed the punishment, required by law, to be inappropriate.
• Many people believed the Bloody Code allowed criminals to get away with their crimes - or even encouraged criminals to commit crime - as criminals might think they would not be found guilty if the jury did not believe the use of the death penalty for 'minor crimes' was necessary.

The spread of humanitarian ideas

The Enlightenment had spread the idea that it was morally wrong to take away someone’s life for a minor crime. It also pointed out that execution did not allow criminals to reform themselves. More people began to believe that the level of punishment should match the crime rather than be as brutal as possible. Inflicting pain was viewed as uncivilised. This became a particularly popular idea and transportation gained popularity as a suitable alternative.

The end of the Bloody Code

After 1800, the number of executions dropped, as the following table shows.

These figures show the influence of humanitarian ideas, which were already present in society, despite the rise in crime.

Also, the government of Sir Robert Peel reduced the number of offences that were punishable by death. Crimes such as stealing sheep, forgery,arson and burglary were removed from the list of capital offences. By 1861, the death penalty had been abolished for all crimes apart from:

• murder
• treason
• piracy with violence
• arson in royal dockyards

Changes to capital punishment

Public executions

As early as the 1780s, the government encouraged magistrates to move executions inside prison walls. However, at this point they tended to be carried out on the roof of the gaol (prison) so that people could still see the punishment being carried out. In 1868, public execution became illegal and all executions were carried within prisons. Changes were then made to public executions to try to ensure that people died quickly.

The new drop

In 1783, a new method of hanging called the ‘new drop’ was used at Newgate Prison in London. The gallows were built on a platform with a trap door, through which the prisoner fell. From the 1780s onwards, more new drop gallows were constructed across the country.

The long drop

The executioner William Marwood developed the ‘long drop’ method and first trialled it in 1874. The technique was gradually introduced in all gaols.