The upper/ middle classes enforced laws that protected their interests and property
Death penalty increasingly used with the introduction to the Black Act in 1723
but juries willing to convict did not want people to hang
1714 Transportation act= more transportations
Because there was no professional police force or prison system, the authorities relied
more and more on harsh physical punishments to maintain law and order and to protect
property rights - known as Bloody Code
Highway Robbery, poaching and smuggling all became 'capital punishments under the bloody code
Medieval punishments continued in the Early Modern period:
Physical- Whipping and mutilation
Humiliation - Stocks and pillory
Fines
Hanging,drawing and quartered for treason (not for nobles)
Success or Failure?
Failure:
Public executions were no longer effective. They were supposed to
deter people from crime but often became a day out for families
Judges and juries were unwilling to convict people
for minor offences because the punishment was
harsh and unfair
around 30% of accused people were acquitted
Transportation was used as an alternative
Some criminals showed
no remorse or 'died game'
Success:
It acted as a deterrent e.g. highway
robbery declined by the 18th century
The media increased the fear of crime and the
introduction of bloody code reduced this fear
Helped protect property
Removed the criminal
Had a limited impact however as the number of executions
seemed to have fallen rather than rise despite more crimes being
punishable by death
anyone who showed remorse or regret was likely to be let off hanging
Many were pardoned or let off because witnesses spoke about their good character in trials