Power, Authority, and Influence in England, c.1000-present

This section provides and overview to changes in crime and punishment from c.1000 to the present day. When studying the history of crime and punishment in Britain, it is essential to examine both change and continuity. By identifying key factors and historical events, we can understand why certain shifts took place, and how they impacted the definition of crime, the punishments used, and the evolution of law enforcement over time. The history of crime and punishment reflects the changing values and structure of society, and these changes often coincide with broader shifts in power, authority, and influence.

Change and Continuity

Through the centuries, certain trends in crime and punishment can be identified, alongside significant turning points that reshaped how society viewed criminal behaviour and the role of law enforcement. While some aspects of crime and punishment remained consistent, such as the desire for deterrence and justice, other aspects evolved significantly in response to political, social, and religious developments.

Medieval England (c.1000-1500)

In medieval England, the Church had a powerful influence over both religious and secular matters, including law enforcement. Church authorities were often seen as the arbiters of justice, and their role was central to the way crimes were dealt with during this period.

Church Influence
During the Anglo-Saxon and medieval periods, the Church was integral in both defining crime and administering punishment. Trials by ordeal were commonly used, where the guilt or innocence of a person was determined by God, through physical tests such as walking on hot coals or submerging one’s hands in boiling water. This reflected the belief that God had ultimate control over justice.

Benefit of the Clergy
The benefit of the clergy allowed clergy members to avoid severe punishments, such as hanging, by demonstrating their religious status. If an individual could recite a specific verse from the Bible (Psalm 51, also known as the "neck verse"), they could receive a more lenient punishment. This practice was seen as a way to protect the Church’s influence and maintain its authority over moral and legal matters.

Community Responsibility
During the early medieval period, law enforcement was largely managed at the local level. The tithing system, where groups of ten men were responsible for each other’s behaviour, and the hue and cry, which required citizens to help apprehend criminals, were fundamental in maintaining order.

Role of the Monarch
Over time, kings began to centralise law enforcement and criminal justice. As monarchs took more control over the legal system, they introduced roles such as the sheriff to oversee law enforcement in local areas and royal courts to decide criminal cases. This marked the beginning of the state's increased involvement in the punishment of crime.

Early Modern England (1500-1700)

The period following the Reformation saw significant religious and political upheaval in England, which had a lasting impact on both crime and punishment.

The Reformation and Changes in Crime
The Reformation introduced new definitions of crime, particularly in relation to religious offences. Witchcraft, heresy, and treason became crimes against authority, often punished with extreme measures such as burning at the stake. The increased persecution of heretics and witches highlighted the close connection between religion and legal authority in early modern England.

Economic Desperation and Vagrancy
As England faced a series of poor harvests and widespread economic hardship, vagrancy became a criminal offence. The growing number of homeless people, or vagrants, was often linked to social disorder, and harsh punishments were introduced as a deterrent. Those accused of vagabondage were often subject to whipping, branding, or imprisonment.

Justices of the Peace
The role of the Justices of the Peace (JPs) expanded during this period, as they were tasked with maintaining law and order in their local communities. They were responsible for enforcing laws related to vagrancy, moral behaviour, and the enforcement of the Bloody Code, which imposed harsh punishments for a wide range of crimes.

The Bloody Code and Transportation
The rise in crimes against authority led to the implementation of the Bloody Code, a set of laws that prescribed the death penalty for an ever-increasing number of offences. Alongside this, transportation became a common punishment, where criminals were sent to penal colonies, particularly in Australia, to serve their sentences in exile.

The Industrial Revolution (18th-19th Centuries)

The Industrial Revolution brought about major changes in British society, including rapid urbanisation, which resulted in new forms of crime and evolving approaches to law enforcement and punishment.

Emergence of New Crimes
As transportation improved, certain crimes like smuggling and poaching continued to be prevalent in the 18th century. However, the rise of highway robbery became particularly notable due to the increased use of horse-drawn coaches and the expansion of roads. These new forms of crime prompted the development of a more organised police system.

Bow Street Runners and the Metropolitan Police
To combat rising crime, the Bow Street Runners were established in the 1740s by Henry Fielding. This marked the beginning of centralised law enforcement in London. By 1829, Sir Robert Peel established the Metropolitan Police, the first modern police force. This marked a significant turning point, as policing became more professional, structured, and state-controlled, rather than relying on local volunteers or informal community-based methods.

Abolition of the Bloody Code and Reform of Punishment
The 19th century also saw the abolition of the Bloody Code and the end of transportation. Social reformers like John Howard and Elizabeth Fry campaigned for prison reforms, advocating for the rehabilitation of criminals rather than focusing solely on punishment. This culminated in the 1823 Gaols Act, which introduced the concept of a prison system designed to reform offenders.

Modern Britain (20th Century - Present)

The 20th century saw profound changes in both crime and punishment, reflecting evolving social attitudes and technological advancements.

Emerging Crimes in the 20th Century
With the advent of new technologies and globalisation, new forms of crime emerged, such as computer fraud, identity theft, and drug trafficking. Additionally, crimes associated with cars, such as drunk driving, became more prevalent. At the same time, race-related crimes and debates over the definition of certain crimes, such as homosexuality and abortion, led to major legal reforms.

A Focus on Rehabilitation
Over the course of the century, attitudes towards punishment shifted from a focus on deterrence and retribution to a focus on rehabilitation and addressing the root causes of criminal behaviour. Community service, electronic tagging, and non-custodial sentences became more common as alternatives to imprisonment.

Abolition of the Death Penalty
One of the most significant changes in modern Britain was the abolition of the death penalty. The Murder (Abolition of Death Penalty) Act 1965 ended the death penalty for murder, and in 1998, the death penalty was completely abolished for all crimes under UK law.

The Changing Role of Women in Policing
The role of women in law enforcement gradually expanded throughout the 20th century. Women were slowly admitted into policing roles and began taking on duties that had previously been the preserve of men, including detective work and leadership positions. By 1947, all police officers in Britain were required to undergo basic training. Over time, specialist units such as counterterrorism, fraud squads, and dog handlers were established to address specific types of crime.

Conclusion

The history of power, authority, and influence in England from c.1000 to the present day reveals a complex relationship between crime, punishment, and law enforcement. While many aspects of crime and punishment have remained consistent, significant turning points in history, such as the rise of the modern police force, the abolition of the death penalty, and the shifting focus towards rehabilitation, have shaped the criminal justice system we know today. The ongoing evolution of crime and punishment reflects broader social, political, and technological changes, highlighting the dynamic nature of law enforcement in a modern society.