C1700–c1900: Crime and punishment in eighteenth- and nineteenth- century…

The idea

During the 18th and 19th centuries, the purpose of punishment shifted from pure retribution and deterrence towards rehabilitation. The Bloody Code, which imposed the death penalty for minor crimes, was dismantled as juries refused to convict and it failed to deter crime. Transportation to Australia was used to remove criminals but ended in 1868 due to costs, colonial opposition, and changing penal views. Public executions were abolished in 1868 because they became rowdy spectacles rather than solemn deterrents. Prison reform gained momentum, heavily influenced by John Howard, who advocated for better hygiene and salaried gaolers, and Elizabeth Fry, who focused on rehabilitating female prisoners at Newgate through education and religious instruction.

What earns the marks

• Explain the shift in the purpose of punishment from deterrence and retribution to reform and rehabilitation.
• Identify the reasons for the decline and end of the Bloody Code, such as changing attitudes and the reluctance of juries to convict.
• Describe the use of transportation to Australia and the reasons for its abolition, including colonial protests and the belief it was not a harsh enough deterrent.
• Explain why public executions ended in 1868, focusing on the crowd behaviour and the failure of the spectacle to deter crime.
• Detail the specific contributions of John Howard (e.g., the 1774 Gaol Act) and Elizabeth Fry (e.g., teaching female prisoners) to prison reform.

Common mistakes and how to put them right

• Claiming transportation ended because Australia became independent.

  Put it right: It ended due to cost, changing penal ideas, and protests from Australian settlers who no longer wanted convicts.

• Confusing the roles of Howard and Fry.

  Put it right: Howard focused on health, sanitation, and gaolers' fees, while Fry specifically targeted the moral reform and education of female prisoners.

• Stating the Bloody Code ended suddenly.

  Put it right: It was gradually dismantled over several decades as alternative punishments like prisons became viable.

Exam tips

• When discussing the end of public execution, use the 1868 Capital Punishment Amendment Act as a specific piece of evidence.
• Link the decline of the Bloody Code directly to the rise of prisons as an alternative method of punishment.
• Compare the motivations of Howard and Fry to show a nuanced understanding of prison reform.