Crime And Punishment In The Middle Ages

In the early centuries criminals were punished quite differently. Up until the last two hundred years most societies relied upon citizens and communities to ensure that laws were upheld and criminals apprehended (Grant) 2008. When crimes were committed citizens and communities usually took the law in their own hands and

People have been committing crimes for many centuries, however over time crime punishment changed in different ways. Some of the punishment methods used in one century is found not affective in another century. In England, during the 1600’s crime punishment where hasher and people who were considered criminals did not get many opportunities to be put on trial most time before being sent to face the death penalty. There are many factor that could have contributed to how crime punishment have revolved from the 1600’s all the way to the 1800’s. What were the causes that made the punishments from the 1600’s very different from the ones in the 1700’s and 1800’s? Is it just the different method

Criminology is a field that has been researched prolong. Most of the information explaining crime and delinquency is based on facts about crime (Vold, Bernard, & Daly 2002, p.1). The aim of this paper is to describe the theories of crime and punishment according to the positivists Emile Durkheim and Cesare Lombroso, and the classical criminologist Marcese de Beccaria. The theories were developed as a response to the industrialisation and the modernisation of the societies in the 18th and 19th centuries and were aiming to create a rational society and re-establish social solidarity (Vold et al 2002, p.101). The criminological perspectives of crime and punishment will be discussed in a form of dialogue between the three theorists exploring

The way that we deal with criminals today is center and established based on how Cesare Beccaria defined and stated it. Who is Cesare Beccaria? Cesare Beccaria is an Italian scholar born in Milan, Lombardy, Italy on Saturday March 14, 1738. He died at the age of 56 in the same city on Friday, November 28, 1794. Cesare Beccaria was an Italian criminologist, a jurist, a philosopher, and a politician who is widely considered as the most talented jurist [3] and one of the greatest thinkers of the Age of Enlightenment. Recognized to be one of the fathers of classical criminal theory and modern penology, he is well remembered for his writings on “On Crimes and Punishments” written in 1764, which condemned torture and the death penalty, and was a founding work in the field of penology and the Classical school of criminology by promoting criminal justice. (citation)

Over the years, crime has been prevalent in society. Today’s Criminal Justice System adopted Cesare Beccaria’s reform from the Classical School of Theology. Beccaria’s ideas have been implemented into the reformed criminal justice system to exercise effective punishment. When a crime has been committed, the punishment is to equal the crime committed. The idea of effective punishment in today’s society has one goal of deterring others and to be for the public good of society. Beccaria believed in utilitarianism and thought of it as a more rational approach for crime and punishment. Utilitarianism purpose is the produce happiness and prevent pain and it was the ideal goal for society. Despite the influence of Beccaria’s idea on the criminal justice system, certain procedures have been incorporated that do not fit his criteria of effective punishment such as plea bargaining.

According to Clear, Cole, and Reisig, (2013, p. 28 & 29) during the middle ages various forms of punishments were imposed on the body of the offender. Authority of government grew, and the criminal law system became more fully developed. Other forms of sanctions were applied due to the rise of trade, the breakdown of feudal order, the emergence of a middle class. In Europe before the 1800s fines and five punishments were common: galley slavery, imprisonment, transportation, corporal punishment and death. Each

Throughout history, there has been many different times, all with different highs and lows. However, no matter which Era, certain problems always seem to shine through the cracks. This problem is usually caused by the sole culprit of crime. Crime is the largest problem in most times. Every time has its own crime; and therefore, every generation deals with crime differently, each using their own type of punishment and order. Also, each Era has had its own way to carry out the punishments. Oftentimes it had been through officials of crime. Though different generations have had it’s own special ways of dealing with this problem of law and order, one stands alone with its majesty and uniqueness: The Elizabethan Era. This Era had a very particular, somewhat violent, way to deal with it’s crime and terrors. The strange crimes, the frightening punishments, and the peculiar officials of crime from the Elizabethan Era were very different from the ones of today.

The immense sickness wasn’t the only thing dark about Europe’s Middle Ages. The monarchs were cruel and unruly to their subjects while enforcing brutality upon their land and citizens. The laws enforced by these kings and queens were nothing short of diabolical, for there was no set list of limitations and rules meaning that the monarchs could punish anyone for anything, even if that meant simply disturbing the king. The executions of the ‘accused’ were public to the citizens, and were “a pitiless affair” (McGlynn). The kings ruled with an iron fist as their methods of justice were murderous as executions “sent out a message of warning and deterrence” and “offered the ultimate guarantee against repeat offenders”. The message monarchs tried to send while carelessly shedding blood was that they desired to make a statement, and scare citizens into not committing crimes, for they would know the gruesome consequences. If not death, the “standard, mandatory sentence” of all accused peoples was mutilation of “eyes, noses, ears, hands, feet and testicles”. To sum it all up, punishment in the Middle Ages was much more unforgiving than in this modern day of age; being burned at the stake or beheaded by the guillotine are still some of the most spine-tingling punishments to this day. In all of the depressing fog of the Middle Ages, could there truly have been a beneficial factor?

Punishments for crimes has changed tremendously from the 1800s. Crime rates began to rise because of an increase in population and wealth. Punishment has been around for thousands of years. The law originally stated that only slaves were allowed to be punished, and was later changed allowing free men to be tortured for committing crimes as well. The harsh punishments include, people getting their dominant hand cut of for stealing, and people were also burned alive. Women who committed adultery were drowned. Even the Catholic Church used torture to show they had power regardless of whether the people were guilty. Crime and punishment in the 1800s is similar and different from today because the crimes that are being committed have stayed the same where as the punishments have changed drastically.

Crimes and punishments were often made to be equal for both commoners and aristocrats. Crimes were divided by the

From the late Middle Ages to the end of the nineteenth century punishments changed quite greatly although some things, of course, remained the same. A few things that changed were the policing, the use of gaols and the ideas based around capital punishment.

Justice in Medieval Europe began because of the fall of the Western Modern Empire, after the fall of the empire it became very hard to keep order and manage laws in the smaller kingdoms. The spread of religious movements like Christianity and Islamism made it even more challenging. To give protection to the kingdom, kings transferred power to knights and barons. The lower class of ordinary people like peasants and serfs accepted their rule to get protection form harm. This gave rise to feudalism and their overall justice system. According to the “Medieval Life and Times”, “elements of the Roman regime were transferred to European feudalism”. “Roman villas and their land were granted to military leaders on a temporary basis as a reward for their loyalty to

Crimes and Punishments in the 16th Century The punishments in the 16th century were extremely firm and horrifying for criminals. People who committed crimes in the 16th century had to face serious punishments, such as the rack, weight placed on breast, and were placed on a sharp stone. Not to mention in this time period, people were living in poverty and some people could not find money to buy food for their families.” The population of England was growing faster than food resources.

This paper is on the Classical School theory that emerged in the eighteenth century; two writes of this period were Cesare Beccaria and Jeremy Bentham. Among the major ideas that descend from this theory are the concepts of humans as free-willed, rational beings, utilitarianism (the greatest good for the greatest number), civil rights and due process of law, rules of evidence and testimony, determinate sentencing, and deterrence. The writes during this period examined not only human nature but also social conditions as well. The Classical School, gave us a humanistic conception of how law and criminal justice system should be constructed. Law was to protect the rights of both society and individual, and its chief purpose was to deter criminal behavior, the law emphasized moral responsibility and the duty of citizens to consider full the consequences of behavior before they acted. This thinking required humans possessing free will and a rations nature.

Capital punishment is beneficial to the community. It provides the society with a sense of security. The death penalty contains a positive influence on the future. A heavily debated topic is, “Does capital punishment deter people more than a life sentence to prison?” An explanation on why will be covered later. An issues many people have with capital punishment, is when it is just or not just. This is a topic many stray away from, because it is difficult to decide. Finding the right consequence for an action is difficult. While this paper is for the use of capital punishment, it is clearly not needed for every crime, or even every murder. Overusing capital punishment, such as using it for every murder, will negatively impact the country, and not using it has the same effect.