Harsh Punishments
Punishments in colonial days were a lot harsher than they are today. There were extreme punishments for minor things like lying, name calling, or rude comments. In colonial times there ideas of punishments were different than ours. They didn't use a jail very often, but instead punished them publicly to shame them. Some of their not so pleasant punishments were to whip you, put you in the stock, which meant that people could throw things at you all day long, or burn your crime onto your hand. If the criminal stole the formidable punishments could become as extreme as a hanging, for things as small as taking a silly silver spoon!. Although punishments for woman and children
Phelps, Brian. "Crime and Punishment in the Massachusetts Colonies." Crime and Punishment in the Massachusetts Colonies. PhelpsTek, n.d. Web. 23 Nov. 2013. .
In the Antebellum Era, America undergos many reforms including a reform in their prison system. Imprisonment had been use rarely to punish criminals. Prisons were commonly used to incarcerate people being accused and awaiting for trials and debtors that had to pay their creditors. They did not want people to run away. Authorities did not used prison sentences for criminals, they enforced fines or inflict physical pain such as branding iron or pillory. Anyone convicted of a serious crime would receive extreme penalties such execution or banishment.
Its rulers were unable to govern, its social institutions were ill-defined, its economy was undeveloped, its politics were unstable, and its cultural identity was indistinct.” Yet despite this near-anarchic atmosphere, David Hackett Fischer in Albion’s Seed: Four British Folkways in America (1989), concludes that the legal system was fairly effective because it succeeded in fulfilling its main purpose, to strictly enforce the colony’s hierarchical system. Therefore, the proliferation of moral crimes or violence committed among colonists of lower status was irrelevant in determining the deterrent effect on society because that was never the primary intent of the colony’s legal system. The Virginia courts enforced this hierarchical/patriarchal idea of showing deference and respect to one’s “superiors,” whether it involved the relationship between master and slave, father and son, or husband and wife. Violent crimes which threatened this social system were therefore savagely punished, and as a result “there was remarkably little violence by the poor against the rich, or by the humble against the elite.” A defendant’s position within those relationships played an important role in assigning their punishment. Virginia law considered the murder of a patriarch treason, punishable by death. Moreover, literate members of society belonging disproportionately to the elite class could always
Today some people can get away with just about any small crime with no punishments, but in the Elizabethan era you'd think twice before committing a crime. For stealing fruit in the Elizabethan era you can lose your hand. Today you would get community service or some other small punishment. The punishment you were given had to do with the crime, your wealth, and who you were connected to.
Criminals were not dealt with in private. They were displayed in towns and the middle of the marketplace for all the people to see. Many were witnessed by hundreds of people. Commoners treated punishment days as “exciting” days out("Elizabethan Crime and Punishment" 1). The crowds of people who gathered for the public punishments and executions could be considered twisted individuals. They relished these days. For example, theft resulted in public hanging for all of the people to watch. Often times crimes were falsely accused and the crowds knew it, but nothing could be done. Small crimes, such as stealing bird eggs would result in a death sentence. It was the terrible price starving people had to pay because the government made begging illegal("Elizabethan Crime and Punishment" 1). Many crimes resulted in brutal beatings. Beatings and executions were definitely not an issue, the only question was the type of beating a person would get or how they a would be executed("Elizabethan Crime and Punishment" 1). A lot of times the Upper class was exempt from punishment unless it was a serious crime. Unfortunately, the Commoners did not get that valuable treatment because they were almost always in trouble. With any evidence of relationships with evil spirits condemned a person to death by hanging, burning, or drowning. More punishments included: beheading, pressing, and the drunkard's cloak. The drunkard’s cloak was basically a big barrel
During seventeenth century flogging was a popular punishment for convicted people among Boston's Puritans. Fortunately, those times have passed and brutal and inhuman flogging was replaced by imprisonment. Columnist for the Boston Globe, Jeff Jacoby in his essay "Bring back flogging" asserts that flogging is superior to imprisonment and advocates flogging as an excellent means of punishment. He is convinced that flogging of offenders after their first conviction can prevent them from going into professional criminal career and has more educational value than imprisonment. He also argues that being imprisoned is more dangerous than being whipped, because the risk of being beaten, raped, or murdered in prison is terrifying high. Unfortunately, Jeff Jacoby made some faulty assumptions and his article "Bring back flogging" is filled with misconceptions.
Others had the Achilles tendon cut; worst of all, some were killed. Not only were these punishments given if they tried to escape, but the punishments that may have been given if they tried to escape where nothing compared to what could have been done just to keep the slaves in check. On a few accounts, owners in Virginia, would smoke their slaves like meat. Another master would nail the slaves in a box with the nails sticking out and toss them off a steep hill so that they would hit the nails as they went down. These are only a few examples of what could have happened.
Which truly is a horrible punishment, comparing to the convicts there had been some boundaries that were made for their punishment. Also with the work they did, could at times be similar but was mostly not the same, and the most similar thing for both of them would be the transportation of them from place to place. Summing it all up, the slaves had it that bit more harsher for the reason of they would be treated with no care what so ever, always having the possibility of doing something wrong could cause them to
In colonial America, the court structure was quite different from that of their mother country, Great Britain. The system was a triangle of overlapping courts and common law. Common law was largely influenced by the moral code from the King James Version of the Bible, also known as moral law. In effect, these early American societies were theocratic and autocratic containing religious leaders, as well as magistrates. Sometimes these men were even one and the same. The criminal acts in colonial America were actually very similar to the crime prevalent in our society today. However, certain infractions were taken more seriously. Through the documents provided, we get a look at different crimes and their subsequent punishments in colonial
Abel Magwitch was one of the two acquitted criminals in Dickens' Great Expectations. The convicts in this novel were sent to either Newgate prison or shipped to Australia where they were placed in penal settlements. Magwitch was sent to New South Wales for his connections with Compeyson (the other convict) and was sentenced on felony charges of swindling and forgery. Convicts sent to penal settlements suffered the same abuse that slaves were exposed to. The difference lies in the fact that these men and women were in these settlements because of crimes committed such as pickpocketing and murder. Such settlements were New South Wales, Van Dieman's Land, Devil's Island, and Botany Bay, to name a few. In fact, "Botany Bay meant convicts and was looked upon merely as the fit receptacle of national crime" (Inglis 4). Convicts were sent to these settlements as a way to curb the number of felons in the British Isles. Settlements created a place to live and work in order to change or correct the character of the convict. During the nineteenth century, convicts made up most of the population of Australia with a mere fraction of actual free emigrants. The Australian penal settlements helped to develop a new penal theory as well as different view of Australia. By looking at the journey of the convicts, their service, jobs, authorities, punishment, and freedom, we will be able to understand the complicated theory of penal ideas and the plight of Magwitch, Pip's convict.
“The traveller was thinking: it is always questionable to intervene decisively in strange circumstances. He was neither a citizen of the penal colony nor of the citizen of the state to which it belonged. If he wanted to condemn the execution or even hinder it, people could say to him: You are a foreigner-keep quiet. He would have nothing in response to that…” (Kafka 9). In In the Penal Colony the traveller was invited to witness an execution and provide his opinion. However, he is not aware of the influence that is opinion has. Travellers are used to observe societies, without directly altering them. He arrives at the penal colony unaware of it’s political state.. The passing of a leader, and the induction of a New Commandant has caused tension.
"Today's system, where imprisonment is a common penalty for most crimes, is a historical newcomer." Many crimes during 1718 and 1776 were punishable by death. This was usually done by hanging, sometimes by stoning, breaking on the rack and burning at the stake. Towards the end of the 1700's people realized that cruel punishment did little to reduce crime and their society was changing the population grew and people started to move around more frequently. There had to be a search for new punishments. "New punishments were to rely heavily on new ideas imported from Europe in the writing of such social thinkers of the Enlightenment as the baron de Montesquieu, Voltaire, Thomas Pain and Cesare Beccaria". These thinkers came to believe that criminals could be rehabilitated."
Punishment occurs to individuals who break the law. It is also used to maintain the level of crime and to protect community members in Australia. To determine that society is content with maintaining the crime rate, this essay will discuss punishment types given to offenders and how society justifies the use punishment. Additionally, providing a brief overview of the community correction and prions rates to show that communities prefer to incarcerate lawbreakers. Highlighting that crime rates are being maintained by looking at the personal crime rate for assault before concluding that Australian society feel safe enough to allow the criminal justice system to sustain the crime rate.
The use of prison as a form of punishment began to become popular in the early 19th century. This was because transportation to colonies had started to decrease; transportation was the removing of an individual, in this case an offender, from its country to another country; usually for a period of seven to ten years and in some cases for ever. During this time prison was now being used as a means for punishment, this was in response to the declining of transportation to colonies. Thus, instead of transporting offenders to other colonies they were now being locked away behind high walls of the prison. Coyle (2005). To say whether using prison as a form of punishment has aid in the quest of tackling the crime problem one must first consider the purposes of the prison.
People a few years ago,thought of the only way to punish someone who did a