Punishment: Change and Continuity

This section explains the change and continuity in Punishment, c.1700-c.1900. Between the 18th and 19th centuries, ideas about the purpose of punishment in Britain evolved significantly. The shift in attitudes reflected broader social changes, including the growth of a more humanitarian approach to justice. The punishment system gradually moved away from harsh retribution towards the concepts of reform and rehabilitation.

The End of the Bloody Code

The Bloody Code, which referred to the extensive list of crimes punishable by death, was one of the most significant features of the British criminal justice system in the 18th century. At its peak, more than 200 offences could result in the death penalty, including relatively minor crimes such as stealing a loaf of bread or cutting down a tree. The primary belief behind the Bloody Code was that the threat of capital punishment would deter criminals and maintain order in society.

However, by the early 19th century, there was growing recognition that the Bloody Code had become outdated and ineffective. Reforms in the 1820s, led by Sir Robert Peel, Home Secretary at the time, saw a gradual reduction in the number of capital crimes. By 1841, only murder and treason remained as capital crimes, punishable by death.

Several factors contributed to the decline of the Bloody Code:

• Juries' Reluctance to Convict: Juries began to be more hesitant to convict individuals when the punishment was deemed too harsh, particularly in cases where the crime was minor. This reluctance led to concerns about criminals being acquitted and escaping punishment, which in turn contributed to an increase in crime rates.
• Ineffectiveness as a Deterrent: It became clear that the death penalty was not deterring crime. Criminals were often not afraid of execution, as it was perceived as a distant and uncertain threat.
• Public Executions as Entertainment: Public executions, which had been used as a spectacle to deter others, began to lose their deterrent effect. Instead, these events became forms of entertainment, with large, unruly crowds often becoming disorderly. These gatherings also attracted petty crimes, such as pickpocketing and prostitution.

Key Fact: The last public hanging in Britain took place in 1868, marking the end of this brutal practice.

The Use of Transportation

By the late 18th century, transportation became the dominant punishment for criminals in Britain. Instead of being executed, offenders, particularly those convicted of theft or multiple offences, were sent to British colonies, such as Australia, to serve their sentences. This practice was seen as a middle ground between the death penalty and imprisonment.

Transportation was perceived as an effective deterrent, as it removed criminals from society and sent them far away to help settle newly acquired lands. Between 1718 and 1868, more than 160,000 convicts were sent to Australia. The British government found it a more cost-effective solution to overcrowded prisons and believed it had the potential to reform criminals through hard work.

Reasons for the Popularity of Transportation:

• Deterrence: Authorities believed that the threat of transportation would discourage crime, especially when the alternative could be a death sentence.
• Humanitarian Alternative to Execution: Transportation was seen as a more humane punishment compared to the death penalty. The harshness of sending criminals to distant colonies was considered less brutal than executing them.
• Labour for Colonies: The British government saw the convicts as a source of labour for the emerging colonies. Prisoners worked to build infrastructure and help settle the land, making transportation economically beneficial for Britain.
• Prison Overcrowding: By the late 18th century, British prisons were overcrowded and not equipped to handle the large number of criminals being sentenced. Transportation provided a solution to this problem, as it allowed the authorities to dispose of offenders without the need for additional prison facilities.

Convicts were typically sent to hulks (decommissioned ships used as floating prisons) before being transported. Once in Australia, they were assigned to a master, often a landowner or official, and were required to work for a set period. Good behaviour could lead to early release or a "ticket of leave," granting the convict some measure of freedom.

Key Fact: In 1833, 36 ships carried 6,779 prisoners to Australia, reflecting the scale of transportation during its peak.

The End of Transportation

By the 1840s, the use of transportation began to decline for several reasons:

• Perceived as a Reward: Some saw transportation as a "holiday" to a warmer country, especially since Australia offered better living conditions and higher wages compared to Britain. Convicts could often improve their lives after being released, which made the punishment less effective as a deterrent.
• Settlers' Opposition: As Australia grew more populated, settlers in the colonies began to object to the continued transportation of convicts. They feared that the influx of released convicts would lead to increased crime rates and social instability.
• Ineffectiveness in Reducing Crime: Despite the large number of people transported, crime rates in Britain did not decrease as hoped. The system of transportation was not achieving its intended goal of reducing criminal activity in Britain.
• Cost of Transportation: Maintaining the transportation system was expensive. The British government had to spend significant amounts of money on ships, maintenance of convict labour, and the administration of the penal colonies. Transportation was costing far more than anticipated, and critics began to question its viability as a long-term solution.
• Australia as a Settlement Destination: As Australia became a more attractive place for free settlers, the British government realised that sending convicts to the colonies was no longer a necessary or effective policy. The colonies could thrive with a free population rather than relying on convict labour.

As a result, transportation to Australia officially ended in 1868, and Britain turned to other forms of punishment, including imprisonment and penal reform, to address crime and criminal behaviour.

The Rise of Prisons as the Primary Form of Punishment

As transportation was phased out, prisons became the primary method of punishing criminals. Unlike the previous practices, which often involved public displays of punishment or exile, prisons provided a more controlled and systematic way to handle offenders. Prisons also provided the opportunity for reform and rehabilitation, in line with changing attitudes about criminal justice during the 19th century.

The development of the prison system was influenced by the ideas of reformers like John Howard and Elizabeth Fry, who advocated for better conditions in prisons and the idea that criminals could be rehabilitated. This marked a significant shift from the earlier view of punishment as retribution to a focus on reform and the potential for change.

As the 19th century progressed, prison reform became a central issue in Britain’s criminal justice system, with calls for better conditions for prisoners and more structured programmes to help offenders reintegrate into society.

Conclusion

The period from c.1700 to c.1900 saw significant changes in the ways that punishment was applied in Britain. The harsh and brutal system of the Bloody Code was gradually dismantled, giving way to more humane and reformative approaches. Transportation to Australia was phased out as concerns about its effectiveness and costs grew, while prisons emerged as the dominant form of punishment. This shift reflected a broader societal change towards the belief that punishment should serve not just as a deterrent but also as a means of reforming and rehabilitating offenders.