Crime and Punishment in England An Introductory History
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Crime and Punishment in England An Introductory History John Briggs Christopher Harrison Angus Mcinnes David Vincent University of Keele
Palgrave Macmillan
CRIME AND PUNISHMENT IN ENGlAND
Copyright © 1996 by John Briggs, Christopher Harrison, Angus Mcinnes, David Vincent All rights reserved. No part of this book may be used or reproduced in any manner whatsoever without written permission except in the case of brief quotations embodied in critical articles or reviews. For information, address: St. Martin's Press, Scholarly and Reference Division, 175 Fifth Avenue, New York, N.Y. 10010 First published in 1996 by UCL Press The name of University College London (UCL) is a registered trade mark used by UCL Press with the consent of the owner.
First published in the United States of America in 1996
ISBN 978-0-312-16331-0 ISBN 978-1-137-08178-0 (eBook) DOI 10.1007/978-1-137-08178-0
Library of Congress Cataloging-in-Publication Data
Crime and punishment in England, 1100-1990 : an introductory history I John Briggs . . . [et al.] . p. cm. Includes bibliographical references and index. 1. Criminal justice, Administration of -England-History. 2. Crime-England-History. 3. Punishment-England-History. I. Briggs, John, 1938HV9960.G7C73 1996 364.941-dc20 96-20019 CIP
Contents
Preface
VII
1 The medieval origins of the English criminal justice system 2 3 4 5 6 7
8 9 10 11
12 13 14 15 16
1
Part I: The early modern period
15
Crime and the courts in early modern England Church courts and manor courts The machinery of law enforcement Imposing the law Punishment Socio-political crime
17 33 47 61 73 87
Part II: Crime, police and punishment in England after the Industrial Revolution, 1800-75
101
The ordering of society The changing nature of crime in the nineteenth century The policing of society Patterns of punishment
103 121 141 157
Part III: The making of the modern criminal, 1875-1960
175
Patterns of crime Bad behaviour Professional law Ordering punishment Epilogue
177 193 209 227 245
Glossary
253
Bibliography
257
Index
261 v
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Preface
Ours is a society obsessed with crime. According to popular myth, it confronts us in our homes and on the streets, at work and on holiday, at home and abroad. The problem of crime is one of the political issues of our day. We spend an enormous amount of public money through the police and prison services and in the criminal courts attempting to control or at least to contain the "problem". To that massive figure one must add the private and corporate money spent on insurance and preventive measures. We fear crime but we also gain a vicarious pleasure from it through television series, films, crime and detective novels and through "true-crime" accounts. Nor does interest stop at mere entertainment. Popular and professional studies on the police, the prisons, criminals, the criminal law, the sociology of crime and the history of crime abound. But is crime the potential threat to the very survival
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