cover of episode #508 | A Short History of Crime and Punishment in Britain

#508 | A Short History of Crime and Punishment in Britain

2024/10/10
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@Alastair Budge : 英国的犯罪与刑罚历史悠久,从早期中世纪的个人复仇和“试炼”到18世纪臭名昭著的“血腥法典”,再到现代监狱制度的演变,都经历了巨大的变化。 早期中世纪,犯罪主要由个人或家族解决,没有中央司法系统。严重的指控则通过“试炼”来判断,例如将被告扔进冷水池或让他们握住烧红的铁器,这种方式充满了不确定性和不公平。 威廉征服者在1066年建立了中央司法系统,犯罪被视为对国王的冒犯。陪审团制度被引入,但早期的陪审团成员通常是认识被告的当地人,而非随机选择的无偏见公民。 中世纪后期和都铎王朝时期,君主权力增强,对犯罪的控制更加严格,对叛国罪和异端罪的惩罚尤为严厉。公开处决成为常见的惩罚方式,旨在震慑犯罪。 18世纪的“血腥法典”将200多种罪行列为死罪,即使是轻微罪行也可能面临死刑。公开处决盛行,但并未有效降低犯罪率,反而引发了社会对这种残酷惩罚方式的质疑。 启蒙运动时期,思想家们对司法制度的作用提出了质疑,并对如何处理违法者进行了反思。贝卡里亚等人的观点,例如惩罚应与犯罪相称,以及惩罚的确定性而非严厉性更能有效震慑犯罪,对英国法律制度的改革产生了影响。 19世纪初,流放成为死刑的替代方案,但由于成本高昂和管理困难,最终被废除。监狱作为一种惩罚方式逐渐兴起,其目的在于让罪犯反省罪行并进行道德改造,但监狱条件长期恶劣。 现代英国,死刑已被废除,监狱制度仍在不断改革,但仍然面临着诸如过度拥挤等问题。从早期中世纪的个人复仇到现代的监狱制度,英国的犯罪与刑罚体系经历了漫长的演变,但对刑事判决的目的——是改造罪犯还是惩罚罪犯——的探讨仍在继续。

Deep Dive

Key Insights

What was the Bloody Code in Britain, and how severe were its punishments?

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.

How did justice work in early medieval Britain before William the Conqueror?

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.

What legal reforms did William the Conqueror introduce in 1066?

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.

Why did the Bloody Code fail to reduce crime in Britain?

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.

How did Enlightenment thinkers influence the British justice system?

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.

What role did transportation play in the British justice system?

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.

How did the purpose of prisons evolve in Britain?

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.

When was the last execution in Britain, and for what crime?

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.

Shownotes Transcript

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.

 

  • Jean Valjean's punishment in Les Miserables vs. Britain.
  • The Bloody Code and its severe punishments.
  • Justice system in early medieval Britain.
  • William the Conqueror's legal reforms in 1066.
  • Development of trial by jury in Britain.
  • Punishments in the late medieval and Tudor periods.
  • Rise and fall of the Bloody Code.
  • Enlightenment thinkers’ impact on justice.
  • Shift towards imprisonment and rehabilitation.

Full interactive transcript, subtitles and key vocabulary available on the website: https://www.leonardoenglish.com/podcasts/crime-punishment-britain

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