Punishment in the 19th Century (WJEC Eduqas GCSE History): Revision Note

Timeline

How did Traditional Punishments Evolve During the 19th Century?- Summary 

Punishment in the 19th century still relied on many of the same punishments used before the Norman Conquest, such as stocks, pillories and executions. However, public opinion began to change as people increasingly saw these punishments as inhumane and ineffective. The use of transportation to North America and later Australia aimed to reduce crime while avoiding the death penalty, but this also decreased. Instead, the focus turned to prison reform. New prisons such as  Pentonville reflected growing interest in discipline, reflection, and moral reform. Influential reformers, including John Howard, Elizabeth Fry, and Sir George O Paul, helped transform prisons from filthy, overcrowded places into institutions aimed at rehabilitating offenders, marking a significant change in Britain’s approach to punishment.

The Use of Stocks, Pillory & Executions

• The use of stocks, pillories and executions was not new to the 19th century 

  • Some had been used since before the Norman Conquest

• They continued to be used until the 19th century 

  • The use of stocks and the pillory was abolished in 1837

Stocks 

• The Act of 1351 stated that stocks had to be set up in villages 

  • As a punishment for runaway servants and labourers 

  • They were also used as punishment for minor crimes 

• The Act of 1406 stated that stocks were to be 

  • Set up in every town 

  • Used as a punishment for 

    • Drunkeness 

    • Profaners 

    • Gamblers 

    • Vagrants 

    • Those who failed to pay their fines 

Pillory 

• Pillories were used in Britain before the Norman Conquest 

• The pillory was used for those people who 

  • Sold goods underweight 

  • Cheat at cards 

  • Swore a lot 

• When in the pillory, some crowds would throw things at the criminals, including 

  • Stones 

  • Rotten food

• Some people were even attacked and killed in the pillory

  • Especially if they were convicted of a serious crime 

    • Such as sexual assaults

Execution 

• Since the 16th century, execution has been used as a punishment for serious crimes, including 

  • Murder 

  • Treason 

  • Arson 

  • Counterfeting 

• During the Tudor and Stuart eras, many minor crimes were punishable by execution

• The Waltham Black Act of 1723 became known as the ‘Bloody Code’ 

  • This resulted in a large number of capital offences over a period of time 

    • The death penalty was the punishment for 50 different crimes in the Tudor and Stuart periods 

    • For example, thieves were executed if they stole goods worth over one shilling (5p)

  • This number increased to over 200, and included 

    • Murder 

    • Pickpocketing 

    • Horse theft 

• Executions were always carried out in public 

  • Unless the criminal was a member of the nobility 

• One of the most famous locations in London for executions was called Tyburn 

  • Near the location where the Marble Arch is today 

  • The gallows structure was nicknamed the Tyburn Tree

• Businesses would close so people could attend the executions 

  • In 1724, it is believed that over 200,000 people watched Jack Sheppard (a famous thief) be executed for his crimes 

• Between 1703 and 1792, approximately 1,232 people were hanged at Tyburn 

  • Of these, 92 were women 

  • 90% were men under 21 years old 

The Use of Transportation

• Transportation started to be used as a punishment during James I’s reign

  • However, the 1717 Transportation Act formally set up the transportation system

    • Some criminals could choose to be transported or another punishment such as branding, whipping or hanging

• Those who were transported were sent on ships to the new colonies of North America,  as well as the Caribbean

  • Here, they did manual work by helping to build settlements

  • Working conditions were very harsh

• Transportation became a popular punishment in England and Wales because

  • Execution was seen as too harsh for some crimes 

    • Such as hanging 

  • Prisons were overcrowded 

  • It was believed that removing the criminals would decrease crime 

  • Transportation acted as a deterrent 

    • People were put off by crime due to the harsh conditions on ships and in the colonies 

  • It was cost-effective 

    • Imprisonment was too expensive 

  • It was believed that criminals would 

    • Learn new skills 

    • Have an opportunity for a new life after their sentence is completed 

  • It would help to colonise the colonies

    • As they would eventually be populated with British subjects 

• Sentences were either seven or 14 years

  • Once their sentence was over, many could not afford to return to England and Wales 

• Between 50,000 and 80,000 people were transported to North America, including 

  • Men

  • Women 

  • Children

    • Transported vagabond children became known as ‘duty boys’

• By the late 18th century, transportation was the most frequently used punishment in Britain

• After the American War of Independence in 1776, the North American colonies were no longer used for transportation

  • The government used ships as prisons, known as ‘hulks’ 

    • This was a temporary measure until another colony could be used for transportation 

    • Conditions were poor as they were unhygienic, poorly maintained and often witnessed fights and rioting 

    • Between 1776 and 1778, more than a quarter of prisoners on ‘hulks’ died 

    • Eventually, conditions improved after a public inquiry into the conditions 

• In May 1787, criminals were transported to Australia 

  • Around 160,000 people were transported to Australia

    • One in six people on the ship were women

    • Most were thieves (especially reoffenders)

    • A small number were political protesters

  • The first penal colony was New South Wales 

    • Conditions were harsh in the new colony, and many died 

  • Convicts in Australia were

    • Domestic workers 

    • Skilled workers 

    • Farm workers

    • In labour gangs 

• If the convicts in Australia showed good behaviour, they would be rewarded with 

  • A ticket of leave

    • This allowed them to live freely in a district in the colony at the end of their sentence 

  • Certificate of freedom 

    • Introduced in 1810 

    • Given at the end of a sentence 

  • Conditional pardon 

    • Convict was given freedom, but not allowed to return to their home 

  • Absolute pardon 

    • The convict was given freedom

    • Cleared of charges 

    • Allowed to return home 

• By the 1840s, transportation began to decline as 

  • A Parliamentary Committee of  Enquiry in 1838 reported that 

    • It was not enough of a deterrent 

    • It was too expensive to maintain 

    • Australians resented their country being used as a penal colony 

  • It did not decrease crime in England and Wales 

    • Although the government believed it would decrease crime, it actually increased crime 

The Need for Prison Reform

• Early modern prisons were mainly used to hold criminals awaiting trial

  • This changed in the 18th and 19th centuries

• Imprisonment was increasingly used as a form of punishment

  • It became even more common after transportation ended

• Prison conditions were very poor

  • In 1729, a report by a government committee found that prisoners were 

    • At the point of starvation 

    • Dying from a lack of food 

• Prisons were privately owned by businessmen who wanted to make a profit 

  • Gaolers made a profit by charging for

    • Food 

    • Bedding 

    • Any other necessities 

• Many thought that criminals in prison deserved these poor conditions

• Others thought that improving prison conditions would increase criminals’ chances of rehabilitation

  • Three key reformers who shared this view were

    • John Howard

    • Sir George O Paul 

    • Elizabeth Fry 

Howard, Paul & Fry

John Howard 

• In his early life, John Howard was imprisoned in France by French pirates, which had a long-lasting effect on him 

• In 1773, Howard became the High Sheriff of Bedfordshire 

  • He was shocked at the conditions of the jails and decided to visit other prisons in England 

    • In 1775, he visited prisons in Europe, too 

• In 1776, Howard created a survey of prisons in England, which showed 

  • Most prisoners were debtors 

  • Only a quarter of prisoners had committed serious crimes 

• Howard published a book in 1777, entitled The State of the Prisons in England and Wales 

  • Based on his findings from the prison survey outlining 

    • The problems 

    • How to address the problems 

• In 1773, Howard presented his evidence to a Parliamentary Committee 

  • Howard suggested that prisons should be 

    • Hygienic

    • Roommy 

    • Safe

  • Howard also argued for

    • Salaries for gaols

    • Training for prisoners to help them reform 

    • Better food for prisoners 

    • Regular inspections of prisons 

    • Separation of prisoners so they could not learn about crime from other criminals 

    • Prisoners are to be released immediately when they have served their sentence 

• Howard’s work led to the 1774 Gaols Act, which contained two pieces of legislation 

  • The Health of the Prisoners Act

    • This ensured hygienic conditions in prisons, as well as a prison surgeon and infirmaries  

  • The Discharged Prisoners Act 

    • Abolished the fees that prisoners had to pay when they were released 

    • Allowing all prisoners to be released immediately after their sentences were finished 

Sir George O Paul 

• Sir George O Paul was the High Sheriff of Gloucester 

  • He was concerned with prison conditions 

• In 1784, he published a book entitled Thoughts on the Alarming Progress of Jail Fever 

  • This led to a prison reform in Gloucestershire 

• In 1785, Paul led the Gloucestershire Prison Act, which stated that all new prisons had to have a

  • Perimeter wall of 5.4 meters 

    • Allowing staff to observe the prisoners 

  • An isolated area for new prisoners where they would

    • Receive a bath 

    • Have their clothes disinfected

    • Be checked by a doctor

  • Excercise yard 

  • Areas are separated for those

    • Awating trail 

    • Who committed minor offences 

    • Who committed more serious crimes 

    • Separate areas for different genders 

  • Chapel 

  • Workroom 

  • Darkened cells for punishments 

• These designs were later copied by other prisons in England and Wales 

Elizabeth Fry

• Elizabeth Fry was a Quaker and was inspired by the work of Sir George O Paul 

• In 1813, she visited the women’s section of Newgate Prison 

  • She was concerned about the conditions of the prison 

• Fry campaigned to improve prison conditions for women 

  • Hoping this would help to reform prisoners 

• Fry helped to improve the conditions of female prisoners by 

  • Forming the Association for the Improvement of Women Prisoners in 1817, which gave women in prison access to 

    • Education

    • Religion 

    • Work 

• Fry’s contributions to the improvement of prisons made way for changes to other prisons, including

  • The appointment of female warders 

  • The creation of schools for female prisoners and their children 

  • The introduction of work for female prisoners 

    • Including needlework and knitting  

New Prisons

The Gaols Act, 1823

• Influenced by the work of Elizabeth Fry and John Howard, the Home Secretary Sir Robert Peel passed the 1823 Gaols Act 

  • This act only applied to 

    • The 130 prisons in London 

    • The counties 

    • As well as 17 large towns 

• The act stated that

  • New prisons to be established in each county and large town 

  • Prisons were controlled by the local magistrates and paid for by local rates 

  • Prisons were inspected by justices of the peace 

    • Their findings were to be presented to the Quarter Sessions 

    • An annual report would be sent to the Home Office 

  • A strict system of discipline was to be enacted in all prisons 

  • Gaolers received a salary 

  • Prisoners to be classified by 

    • Gender

    • Age

    • Crime 

    • Length of prison sentence 

• The act had little impact on prisons as 

  • It was ignored by many 

  • Only five inspectors were appointed 

  • Inspectors did not have many powers 

Pentonville Prison 

• From 1842 to 1877, the government built 90 prisons in Britain 

  • The most famous was Pentonville Prison, London, built in 1842 

• Pentonville Prison was made to

  • To house the increasingly large number of criminals

    • In this period, transportation and execution decreased

    • This meant that more criminals were in Britain

    • Pentonville Prison kept such criminals away from society

  • Act as a model for new ideas

    • Reformers suggested improvements in the running of prisons and the treatment of prisoners

    • Pentonville Prison became a place to test out these ideas

• The main aim of Pentonville Prison was to reform prisoners

  • Many also saw it as a place of deterrence and retribution

Jeremy Bentham 

• Many individuals argued about how prisoners should be treated 

• Rev. Sydney Smith argued that life for prisoners should be harsh and unpleasant 

  • To deter criminals 

• However, Jeremy Bentham believed that prisoners should work 

  • To help with the costs of running a prison 

• Bentham also believed that prisons with blocks should fan out from the centre 

  • So only a few prison guards would be needed to supervise the whole prison 

    • This design was known as the Panopticon

The Silent & Separate Systems

• In the late 19th century, prisons often used either the 

  • Silent system 

  • Separate system 

• Both systems were inspired by prisons in the USA

• They were designed to prevent prisoners from talking to each other 

The Silent System 

• The government’s introduction of the silent system marked a change in prisons

• They became more focused on deterrence and retribution, rather than rehabilitation

• The warders enforced silence so prisoners could not talk to each other 

  • This stopped prisoners from discussing crime or influencing each other 

• Prisoners were allowed to see each other, but in silence, in 

  • Workrooms 

  • Dining halls 

• The silent system could work if the prisoners disliked prison and were bored, so prisoners' tasks in the day would involve activities such as 

  • Oakum- picking 

    • Prisoners had to clean a rope covered in tar 

  • Walking on a treadmill, a  tread wheel or an everlasting staircase 

  • The crank 

    • A large handle that was required to be turned 1,000 times a day 

The Separate System

• The separate system focused on reforming prisoners through

  • Isolation

  • Work 

  • Religion 

• Prisoners were

  • In individual cells

    • Where they worked and prayed 

  • Visited by clergymen   

• Prisoners only left their cells for 

  • Religious services 

    • Where they were in individual cubicles 

  • Exercise 

    • Where they would hold a knotted rope 

    • Knots were 4.5 meters apart 

• If prisoners met, they would wear masks so they would not communicate or see each other 

• The separate system had many strengths, such as: 

  • Cleaner prisons 

    • Isolation prevented diseases from spreading 

  • The right level of punishment 

    • Many believed that separate prison systems were neither too harsh nor too lenient 

  • No prisoner corruption 

    • Prisoners did not interact with each other, so they could not influence each other 

• However, the separate system also had many weaknesses, such as: 

  • High levels of mental illness 

    • Continuous isolation increased people's risk of depression, psychosis and suicide 

    • In the first eight years at Pentonville Prison, 26 prisoners had a nervous breakdown,n and three killed themselves

  • Lack of education

    • Prisoners were not taught any skills that they could use once released. This limited their chances of rehabilitation

  • High expenses 

    • Keeping prisoners in individual cells was much more costly than having them mixed together

Government-Controlled Prisons 

• In the late 19th century, the government became more involved in the control and organisation of prisons 

• The 1865 Prisons Act focused more on strict punishment, rather than reform, as prisons enforced 

  • Hard labour

    • Such as the crank, for at least three months 

  • Hard fare

    • A diet of bread and water for three days 

  • Hard board

    • Prisoners slept in board beds 

• By 1877, the Prisons Act brought all prisons under the control of the Home Office

  • Officially centralising prisons