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Contents
1 Introduction 1
Does crime history have a history? 2
Why the period 1750 to 1950? 3
The structure of the book 3
Note 7
Further reading 8
5 Punishment, 1750–1950 68
Introduction 68
Changing patterns of punishment, 1750–1950 69
Historians, sociologists and the rise of the prison 76
Debates over punishment and welfare, 1850–1950 81
Conclusion 86
Key questions 86
Note 88
Further reading 88
vi
Contents
10 Conclusion 167
Further reading 168
Glossary 169
Bibliography 183
Index 195
vii
Crime and Justice 1750–1950
viii
List of figures, tables and illustrations
Figures
Tables
Illustrations
ix
Crime and Justice 1750–1950
x
List of figures, tables and illustrations
xi
Crime and Justice 1750–1950
xii
Introduction
1. Introduction
William Sanders stated that: ‘In the course of their work, both detectives and
sociologists must gather and analyse information. For detectives, the object
is to identify and locate criminals and to collect evidence to ensure that the
identification is correct. Sociologists, on the other hand, develop theories and
methods to help understand social behaviour’ (Sanders 1974: 1). But how
important is it to gain an understanding of how criminal behaviour and
society’s reactions to it have changed over time? What part does history play
in understanding criminality, and what tools can we use to recover evidence
from one or two centuries ago? Whether you are interested in modern history,
criminology or sociology, you will be questioning which areas of knowledge
are important to you and your work, and which are not. This book will
explain how a critical appreciation of the history of crime can inform current
understandings of offending, and why historical events in the past two
hundred years will continue to affect crime and criminal justice for many
years to come.
If we were designing a criminal justice system to meet the needs of today’s
society, would it look like the one we actually have? Almost certainly it would
not, and that is because the institutions of criminal justice – the police, prisons
and the courts – have all been shaped and influenced by events and ideas
over a long period of time. For example, the growth of police services from
a private force employed and run for the benefit of the social elite to recover
stolen property to a professional, uniformed and preventative public service is
complex. We can only fully understand why the police force works the way it
does (prioritizing the maintenance of public order, being organized in counties
rather than being ‘The British Police Force’, being largely unarmed, and so
on) by looking at the changes made over two hundred years of history. In
addition to institutional changes, historical research can also reveal attitudinal
changes towards crime and risk in contemporary society. For example, youth
crime appears to be a persistent problem for modern society. Media debates
about joy riding and the drug/rave culture have recently given way to
celebrations of Anti-Social Behaviour Orders (ASBOs) and their effectiveness
against youth ‘yob culture’. However, when did juvenile delinquency become
a pressing problem, what particular sets of anxieties or events made it so, and
are those factors still present today? Was delinquency always waiting to be
1
Crime and Justice 1750–1950
Crime history itself has created a history – a ‘historiography’. Since the subject
began to develop out of the general upsurge in popularity of social history
generally – mainly through the work of Leon Radzinowicz (1948–86), Doug Hay
et al. (1975), Edward Thompson (1975) – it has now grown to be a substantial
subdiscipline in its own right. Whether the subject is properly situated within
‘history’ or ‘criminology’ is an interesting question, and you will find crime
history articles in both historical and criminological journals (and if you are
interested in the development of crime history itself as a subject there are
a number of interesting review articles listed at the end of this chapter in
‘further reading’). Where once one would struggle to find a course containing
a history of crime element, it is now extremely common for criminal justice
and criminology courses to include modules on crime history or the history of
deviance, as well as on the foundations of criminology itself.1 History degree
courses too, even when not specifically addressing the issue of crime, usually
include modules on large-scale disorders (industrial disputes and labour
relations, food riots and the economy, political movements which were heavily
policed, and so on). The extraordinary growth in interest in lawbreakers and
the policing of society has been matched with a growing body of academic
literature. Peter King (1999) has provided a guide to navigating the various
sources that can be explored (on the Web, in bibliographic databases and in
2
Introduction
journals, for example). However, the wealth and diversity of literature can be
bewildering. A small number of authors have attempted to review the field
and construct a narrative of crime and its control from the mid-eighteenth
to the mid-twentieth centuries. Notable among these are Jim Sharpe (1999),
David Taylor (1998), Philip Rawlings (1999) and perhaps the person who has
done most to popularize this subject, Clive Emsley (2005). Those authors have
all described crime in what might be termed ‘the modern world’. Why is there
a concentration on this period?
Put simply, during this period the ‘modern world’ was shaped. The dynamic
development of new forms of industrial production, the rise of the great
urban towns and cities and unprecedented population growth all changed the
appearance of the British Isles. They also created new social conditions and
problems that policy-makers attempted to ameliorate, control or eradicate.
The period witnessed the end of capital punishment and the transportation
of convicts overseas, and the rise of a system of mass imprisonment which
is now culminating in the highest number of people ever imprisoned in this
country and the largest prison population in Europe. It saw the beginning of
public uniformed policing, the first mass-media moral panics about violent
crime (from the ‘garotters’ to Jack the Ripper), and changes to the court
system which ensured the rapid processing of offenders. During this period
the systematic recording of levels of crime was begun by the Home Office (an
organization which itself grew impressively from six clerks in 1817 to a vast
bureaucracy in the twentieth century). Perhaps most importantly, this period
witnessed the beginnings of the ‘science’ of criminology, and when ‘crime’
moved from being considered an accepted part of life – like the weather – to
a subject which today commands the highest political and press attention.
This book has been written with researchers of crime, criminology and social
policy in mind. It intends to give a broad historical overview of crime, policing
and punishment within the context of historical processes such as urbanization
and industrialization, and it will present different perspectives on a number
of ‘issues’ and debates in current criminological and historical research. By
drawing on primary source materials it aims to show how historical knowledge
is constructed, and also suggest ways in which researchers can investigate
primary source materials for themselves.
The book itself is divided into two sections. The first section contains
chapters which describe changes to the criminal justice system in this period.
It explores the development of the main institutions and charts procedural and
legal changes – from the means of detection, through the changing prosecution
and court formats, and onto the punishment of offenders. The second section
3
Crime and Justice 1750–1950
been measures that private individuals could – and were expected to – take in
order to safeguard their own property and prevent crime. The route to court
was therefore a dynamically changing situation with some essential elements
remaining fixed. This could also be said of the court system itself.
The period 1750–1950 witnessed far-reaching changes in trial procedures,
in court jurisdictions and in the administration of justice more generally.
Significant change also occurred in the way in which trials were run, with
increasing ceremony and more meticulous analysis of evidence becoming the
norm. Chapter 4 firstly provides a broad, largely factual, overview of some
of these changes, then moves on to consider debates about the accessibility,
efficiency and legitimacy of the court system. The major question will be
whether the courts acted as unbiased arbiters of justice or whether they
primarily served the interests of a small, privileged elite. If the latter, how
long did that situation persist?
It is not the permanence of situations but the rapidity and extent of
change that dominates the chapter on punishment. For example, in the late-
eighteenth century, execution or transportation (initially to America and then
to Australia) were the norm for serious (and even minor) offences. Prisons
were used sparingly, and then only to detain offenders before and after trial
and to imprison debtors who could not pay their fines. By 1950, however,
prison was used almost exclusively for all serious criminal cases. While the
death penalty was not finally abolished until 1969, transportation had ended
in the 1860s along with public executions, and the prison had long been the
primary punishment inflicted by the courts. By the start of the twenty-first
century, England and Wales would have their highest ever prison population
– over 75,000 people. Historians, criminologists and social commentators have
all debated these dramatic changes. They question whether the rise of the
prison indicates a growth of ‘humanitarianism’, or just a switch to a different
(but similarly severe) method of discipline. Was there a relationship between
changing modes of punishment and the rise of industrial society and (later)
the welfare state? When precisely did the ‘rise of the prison’ occur? Chapter
5 provides a basis for answering these questions by first outlining the extent
of the changes in managing offenders before exploring why these changes
took place.
The chapter on punishment marks the end of the first section on the
workings of the criminal justice system. The second section of the book
considers specific issues within the history of crime – such as the changing
perceptions of criminality and the changing nature of crime over our period.
How were criminals portrayed in society? How was criminality explained?
Why was there a connection made between poverty and crime in this
period?
Chapter 6 will discuss why and in which ways the putative ‘site’ of
criminality changed over time. In the eighteenth century, criminality was
related to a deficiency in morality. Criminals were seen as simply too greedy
or lazy to control their most base desires, as individuals who chose to steal
rather than earning money through honest work. Those who did not work, or
who worked in low-earning occupations, were associated with crime, but the
role of poverty in engendering crime often went unacknowledged. By the turn
5
Crime and Justice 1750–1950
the reliability of those statistics and investigate what alternatives there are to
governmental statistics.
After discussing whether the level of violence in society has changed, it will
discuss whether the ‘meaning’ of violence has also changed. Despite queries
about the accuracy of the statistics of murder and assault, the changing amounts
of prosecuted violence are often used to suggest that societal attitudes have
also shifted considerably since the Victorian period. This chapter will explore
what these changes might be and how they were brought about, and offers a
critical view of the apparent decline and subsequent rise in violence over the
last hundred years. The efficacy of using different statistical and qualitative
measures of crime will again be raised in Chapter 9. However, this chapter
will mainly deal with the use of criminal law in private spaces and the use
of the criminal code against employees (taking the example of Worsted Act
prosecutions against textile factory workers).
The workplace has long been a battleground between the rights of custom
and tradition and the rights of property. The ‘rights’ of workers to work at
their own pace, take home waste material and have some autonomy over
the conditions of their employment have been gradually eroded from the
eighteenth century onwards. The introduction of the factory system has been
seen as a key weapon in the employers’ fight to control workers in their
employ. In the eighteenth and nineteenth centuries, the workplace proved
the battleground for the conceptual battle between the entitlements granted
to employees by custom and tradition, and the rights of property enjoyed by
employers. This chapter therefore describes how employers tried to limit and
eradicate the workers’ traditional entitlement to ‘appropriate’ waste materials
created in manufacture using legislation (particularly the 1777 Worsted Acts)
and changes in the organization of work (particularly the factory system). In
particular it focuses on the possibilities that this new system of production
offered employers for increased powers of surveillance over workers. Lastly,
the chapter will briefly discuss the general rise of surveillance in society, and
pose the question ‘are we now living in a “Big Brother” society and, if so,
how and when did that come about?’
Note
1. The new ‘science’ of criminology has done much to increase attention on crime
and criminality. Criminology itself has a history which stretches back to the late
nineteenth century – building on classical approaches, and leading to positivism,
and biological determinism (see Garland 2002: 7–50). As the ‘science’ became more
sophisticated and developed more nuanced and less crude theories to explain
crime, some authors began to chart its progress (and still do). This is, of course, a
different thing from a history of crime. Crime history attempts to understand the
processes and interactions between how people perceived crime and its impact at
particular moments in history, how it was represented in sources of information
such as newspapers, how the authorities reacted, and what changed over time.
Nevertheless, the history of crime and the history of criminology interact with each
other and should be studied in tandem.
7
Crime and Justice 1750–1950
Further reading
The references for this chapter can be found in the Bibliography at the back of the
book. If you wish to pursue this topic, however, below is a list of publications which
could be consulted.
Innes, J. and Styles, J. (1986) ‘The crime wave: recent writing on crime and criminal
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Monkkonen, E. (2002) Crime, Justice, History. Columbus, OH: Ohio State University.
Philips, D. (1983) ‘A just measure of crime, authority, hunters and blue locusts: the
“revisionist” social history of crime and the law in Britain 1780–1850’, in S. Cohen
and A. Scull (eds), Social Control and the State. Oxford: Robertson, pp. 50–74.
Pratt, J. (2002) Punishment and Civilization. Penal Tolerance and Intolerance in Modern
Society. London: Sage.
Sheldon, R.G. (2001) Controlling the Dangerous Classes. A Critical Introduction to the
History of Criminal Justice. Boston: Allyn & Bacon.
8
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