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When exploring the history of crime and punishment, it is important to look for patterns of change and continuity. Factors can also be used to explain why change and continuity took place during certain key periods in history.

Change and continuity

While studying the history of crime and punishment up to the present day, important trends can be identified. There have been certain turning points that have changed the definition of crime and the punishments used for criminals. They have also caused rapid progress in our enforcement of the law.

Medieval England

• The Church remained highly influential throughout Anglo-Saxon and medieval England.
• The influence of the Church can be seen in their role of law enforcement.
• It was believed that God decided on the guilt of individuals following a trial by ordeal.
• Members of the Church were able to secure more lenient punishments from what was known as the benefit of the clergy (by reciting Psalm 51, known as the ‘neck verse’ for its ability to save a person from hanging).
• The local community also played a significant role in punishment and law enforcement at this time. It was the responsibility of the tithing to deter individuals from committing crime, and the hue and cry was intended to catch criminals.
• Humiliation by stocks or pillory in front of the community was commonly used as a punishment in Anglo-Saxon and medieval England.
• The kings gradually increased their role in crime and punishment in later medieval England. They were responsible for making laws and deciding on the definition of crime. They introduced new roles in law enforcement, such as the sheriff and royal courts. In this way, the kings were able to begin to centralise the system of catching and punishing criminals.

Early modern England

• The Church continued to be influential in early modern England, where its influence continued until after the Reformation.
• However, after the Reformation in England, there were changes in the definition of crime. This period of unrest and religious change lasted until after the English Civil War.
• The Reformation saw witchcraft become a crime and an increase in the crimes of heresy and treason.
• The increase in these crimes against authority led to more severe punishments being used, including the burning of heretics and public hangings.
• A period of poor harvests and economic desperation led to the harsh punishment of vagabonds, or vagrants, and growing distrust within communities.
• It was strongly believed that punishments should deter people from crime, and Justices of the Peace (JPs) played a greater role in law enforcement.
• As the crime rate increased, the harsh punishment of transportation was introduced alongside the Bloody Code.

The Industrial Revolution

• Some crimes continued into the 18th century, including smuggling and poaching.
• However, changes in transportation meant that these crimes developed and became more frequent, and the new crime of highway robbery emerged.
• The increase in crime, especially in cities, saw the introduction of the first centralised system of policing, known as the Bow Street Runners. They then later developed into the Metropolitan Police, introduced by Sir Robert Peel in 1829.
• The 19th century saw a change in attitudes towards punishment, as the Bloody Code and transportation were abolished.
• Some people, such as John Howard and Elizabeth Fry, campaigned for rehabilitation for prisoners. Partly as a consequence of their work, the 1823 Gaols Act introduced a prison system with the aim of reforming criminals.

Modern Britain

• The 20th century saw changes in the definition of crime. Crimes associated with cars increased, race-related crimes took place. Significant changes to the law occured around both homosexuality and abortion.
• Old crimes continued in new forms (eg computer fraud and identity theft) because of developments in technology.
• Changes in the attitudes of society have led to changes in punishments. There is now much more of a focus on tackling the causes of crime and reforming the character of criminals rather than only deterrence and retribution.
• The death penalty was abolished as a sentence for murder in 1965. After this, no executions were carried out in Britain, despite the sentence being possible for certain crimes such as treason, espionage and violent piracy. In 1998, the death penalty was banned under UK law in all circumstances.
• Non-custodial punishments (GT) have been introduced, such as electronic tagging and community service.
• There have also been changes to policing since c.1900 because of increased government responsibility and developments in technology.
• During the 20th century, women began to take on roles in policing as they were slowly admitted into roles, and took on duties and powers previously held by men alone. All police officers have received basic training since 1947, and now there are specialist units within the force including counterterrorism, fraud squads and dog handlers.