The Case Of Spousal Murder

Throughout the years, the use of imprisonment has varied, along with its influences of society. It is thought that although prisons have been around since the thirteenth century, prisons as we know them now to be have only been around for the last three centuries. The first uses of prisons were not seen as a form of punishment instead they were used as a way of making people do something. People would be held in prison until they paid their debts, or awaiting trial and then leading up to their sentence. McGowen (1995) suggests that from the early 1700s ‘bridewells’ a house of correction have existed, however at that time being used merely for vagrants and drunks. At the end of the sixteenth century there was a shift in punishment to imprisonment, along with this came a new, more humane idea of reform. Criminals would spend their days of prison carrying out hard labour. However after the American Revolution, imprisonment took a step back and there was another change. There was mass overcrowding within the prison service and although the death penalty was still being used it was a symbol of the power of the state. Therefore, an everyday way of dealing with offenders would be transportation to the colonies, being either Australia or America.

Crime punishment in the 17th century in London was not any better than the methods such as the death penalty used in the 16th century. Matter of fact, one could say that the punishments in the 17th century was exactly as it was in the 16th century London. During this time period, people were still being punished for committing small crimes like stealing things. “There was still support for the execution of the most serious offenders, however, and in certain contexts, such as the 1720s and 1780s, which both experienced crime waves and political instability, the proportion of convicts executed increased.” (London Lives 1690 to 1800 crimes, poverty and social policy in the metropolis). Men and women were punished almost in the same way, however, if a pregnant woman is found guilty of any crime, she was given time to deliver the baby before she faced her punishment for her crimes. In the 17th, most the famous crime punishment method was hanging, criminals who were convicted were hanged instead of given other types of punishment.

In the sixteenth century the role of women in society was very limited. Women were generally stereotyped as housewives and mothers. They were to be married, living their life providing for her husband and children. The patriarchal values of the Elizabethan times regarded women as the weaker sex.’ Men were considered the dominant gender and were treated with the utmost respect by females. Women were mainly restricted within the confines of their homes and were not allowed to go school or to university, but they could be educated at home by private tutors. Men were said to be the ones to provide for their families financially. Women were often seen as not intelligent. Property could not be titled in the name of a female within the family. Legally everything the female had belonged to her husband. Poor and middle class wives were kept very busy but rich women were not idle either. In a big house they had to organize and supervise the servants.

Since the 19th century, law enforcement and punishment has developed rapidly into the justice system we rely on today. Obscure laws that had become irrelevant in an industrial and post-industrial era were fast being replaced, and despite its lack of existence at the beginning of the 1800’s, policing standards are, today, high. The necessity for this drastic change in approach to crime has stemmed from the needs of industrial Britain, and the increased awareness of the public, and government, and their perception of crime and punishment. Rather than individual cases having a direct impact on these changes, in general they provide an insight as to the reactions of the public at the time, and along with the myriad of other cases, allow us

Once the accused was convicted of his crime, the court moved into the punishment phase. Interestingly enough, the process of deciding punishment was quite a flawed one. The reason for this was that most people's perceptions of criminals in the beginning and mid 1800s was that they were people of the working class who were too lazy to work (Emsley). This led to a bias in which working class people seemed to be receiving harsher punishments than any other class except one (Emsley). Although rare, if a woman was convicted of a crime, they would receive some of the harshest punishments (Victorian Crime) The reason for this was because it was perceived as unladylike as “Not only had they transgressed the law, they transgressed perceptions of womanhood,”

Injustice, particularly sexism, is a major issue today, but surprising or not, it has been worse in the past. In the 1600s, when the novel A Mercy takes place, sexism (with unrealized consequences) is present everywhere, yet it can go unseen and be hidden by the organized way of life if the reader does not pay attention, especially because it is so normalized. Although society in A Mercy appears to be orderly, the mistreatment and devaluation of women is a major issue that causes the female characters to constantly rely on the men in their lives, which negatively affects all of society as it pushes women further from the opportunity for a better life.

Men and women were judged on significantly large difference. For example, a husband beating his wife was considered part of the natural ways of living, but if a wife attempted to beat her husband she was seen as if she was attempting to disarray the ‘natural way of life’. During a rape trial men’s prejudice was common. In the thirteenth century rape was made a capital felony, though if found guilty men were able to plead that they were unwell or needed god, they avoided torture or public killing. Women were portrayed as evil temptresses that asked for what they received.

The homicide featured in this case is murder, more specifically, Intimate Partner Homicide (IPH). As stated by *10*, IPH is an incident involving the death of a victim, where the victim and offender partake in either a current or former intimate relationship, including extramarital and homosexual relationships. This correlates with the facts provided to the court that Gittany and Harnum were engaged to be married at the time that Gittany murdered his fiancée, Harnum, (R v. Gittany, 2014).

Astonishingly, the striking differences between today’s law and order and the trials of the 17th century are expansive and extensive. If a judge today were to sentence a defendant to a death sentence based solely on intangible, baseless evidence taken from only unfounded accusations, the world would be in a riot. And yet, this was common practice in the 1600’s, where DNA and fingerprints were not of investigative use yet, and all judges had to go on was he-said-she-said. A jury of supposedly law-upholding, learned citizens found someone as innocent, pure, and warm as Rebecca Nurse to be not only guilty, but sentenced her to hanging for the heinous crimes of witchcraft that she certainly never committed. More importantly, Nurse’s hanging brought serious doubts through some of the judges and began the momentum needed to change and disrupt the way the entire town thought of and treated witch trials and those accused.

Today we have become too accustomed to fair trials, second chances ,and equality in the prosecution of criminals. Sometimes that makes us forget about all of the cruel unjust prosecutions in 19th century England. In many cases, depending on the situations, people got executed for small crimes such as stealing. Social class and gender had an overwhelming effect on prosecutions and could even be the difference between the death penalty and no punishment at all. Only about three percent of the male population was rich enough to act as a justice of the peace (Hays). Today the Justices of the Peace is where you go to tie the knot, but during this time they decided punishments. This created even more tension between the upper and lower social classes. Which is one of the main reasons, “In the 1840’s through 1960’s the crime rate almost doubled” and peaked at an all time high in the 1970’s(Mcdonald). It was not until the late 1900’s when people began to realize how cruel these punishments really were, but the death sentences did not stop

During the eighteenth century the criminal trial was far from sound. The trails lasted on average half an hour, including the jury’s deliberation and an announcement of their verdict. These criminal trials differ substantially from our modern legal system, there was often minimal evidence provided, often presented orally and the judge’s intention was to present defendants with the evidence they would have to counter to maintain their innocence, rather than the modern age philosophy of proving one’s quilt beyond a reasonable doubt. Thus, this system provided the upper classes of society an advantage because they held the means to hire qualified and reputable lawyers to defend them in court, whereas those of the working class had to represent

There is no single definitive cause of spousal abuse. Spousal abuse is a complex problem and there are many different contributing factors at the individual, relationship, and societal level. However, experts do believe that it is linked to inequalities among people in our society and to power imbalances in relationships.

Of the more than 11,000 women transported as convict labor to the Atlantic colonies, all but a small fraction were impoverished. Within the metropole, these poor women were viewed as a burden on society, often dependent upon parish rolls and private charity, when available, for a subsistence living. While the general public was broadly sympathetic to the plight of widows and sometimes single mothers, such sympathy disappeared when women engaged in criminal activity. It is this link between poverty and crime that will be explored in this chapter, with a particular focus on the ways in which women engaged in criminal activities. This chapter takes a thematic approach over a long period of time when society changed little for poor and

This essay will explore how the media shapes the formal and informal policing of child murders within the family. Through case studies, an exploration of government policies and legislation, the essay will illustrate how the media has created moral panics around stranger danger, despite the fact that major harm to children is generally caused by families and their friends. Throughout our upbringing one is taught not to speak to strangers because they are the ones who are most likely to bring harm upon us. The people found most trustworthy are normally family members and family friends. Most people would, without a second thought trust their children’s life with family or friends. This essay will explore definitions of the family, moral panics, formal and informal policing. Furthermore, this essay will seek to address how the media is seen to be the fourth estate of power. It will also discuss the power of the media and how the media frames and shapes moral panics, which consequently might give a misleading picture of the situation, through the demonization of strangers and how the media labels individuals within society. Finally, in order to answer the above question, the essay will look into cases and legislation to identify how governmental agencies have failed children who are deemed at risk.

Captain Alexander Maconochie and Sir Walter Crofton are credited for implementing early parole system in England (Rank, n.d.). Maconochie was governor of an English penal colony at Norfolk Island (Rank, n.d.). Convicted English offenders were transported to Australia from England and from Australia to the island; unfortunately, the conditions were extremely bad for the offenders (Rank, n.d.). Maconochie discontinued determinate sentencing and created a “mark system” (Rank, n.d.). Under the “mark system”, inmates could be granted release from prison based upon their hard work and good behavior (Rank, n.d.). Inmates earned marks, which were used to buy a reduction in sentence or goods; unfortunately, inmates had to undergo a variety of stages before they were released and the climbing through the stages depended on the number of marks received (Rank, n.d.).