The Bloody Code was a series of laws in Britain that listed over 200 crimes punishable by death, including theft of goods worth more than one shilling (around 10 euros today). It was infamous for its severity, with even minor crimes like stealing a sheep or cutting down a tree potentially leading to execution.
In early medieval Britain, justice was an individual affair. Victims were responsible for resolving crimes, often through agreements involving payments. For serious accusations, trials by ordeal were used, where the accused faced physical tests like being thrown into cold water or holding a red-hot iron. Innocence or guilt was determined by divine intervention, such as whether the accused sank or floated in water.
William the Conqueror introduced a centralized legal system where crimes were considered offenses against the king, not just individuals. He established royal courts and common law, which applied consistent rulings across the country. He also introduced trial by jury, though early juries were composed of locals who knew the accused and based decisions on character rather than evidence.
The Bloody Code failed to reduce crime because many criminal acts were driven by necessity, such as poverty and hunger. Public executions often turned criminals into folk heroes, reducing the deterrent effect. Additionally, judges and the public grew uncomfortable with the severity of punishments, leading to leniency and reprieves.
Enlightenment thinkers like Cesare Beccaria argued that punishments should be proportionate to crimes and that certainty of punishment, not severity, deters crime. This shift in thinking led to reforms, including a decline in capital offenses and the rise of imprisonment as a means of rehabilitation rather than mere punishment.
Transportation became a popular alternative to execution in the early 19th century, with criminals sent to distant colonies like Australia. It was seen as a way to punish offenders by removing them from society and deterring future crimes. However, it was expensive, logistically challenging, and eventually fell out of favor as prisons gained prominence.
Prisons evolved from holding cells for those awaiting trial or execution to institutions focused on rehabilitation and moral reform. The introduction of penitentiaries and solitary confinement aimed to encourage reflection and reformation. However, overcrowding and poor conditions often undermined these goals.
The last execution in Britain took place in August 1964, when Owen Evans and Peter Allen were hanged for robbing and murdering a man. This marked the end of capital punishment in Britain, which had been used for over a thousand years.
In part one of a three-part mini-series, we'll explore the fascinating history of crime and punishment in Britain, from medieval justice to the infamous Bloody Code.
In this episode, you'll learn how the harsh consequences for even minor crimes evolved over the centuries, leading to the modern justice system.
Full interactive transcript, subtitles and key vocabulary available on the website: https://www.leonardoenglish.com/podcasts/crime-punishment-britain
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