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Medieval period and punishment
Medieval period and punishment
Ancient history of punishment
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Crime is something that needs to be punished but during the Middle Ages the punishments were meant to reflect the crimes that were committed. Because the punishments were very effective but were not very reasonable todays world had to change those extreme punishments. Crime should not be taken lightly but it should not be punished as harshly as it was during the Medieval Times. So, because the punishments were very effective but weren’t very reasonable today’s world had to change those extreme punishments. People of the Middle Ages were convicted of anything. Anything that was slightly considered a bad thing of that time was considered a crime. Even writers of the Medieval era would write about the crimes of that era. Geoffrey Chaucer wrote …show more content…
There were only a few things allowed in prison and writing books was one of them. Morte D’ Artur was written in prison (Kinsinella). Most of the time a trial would be used if there was no hard evidence against the incriminated. There were three types of ordeals that a person could be put through. The fire ordeal would be where the accused would have to walk a distance of about nine feet while holding something that was scolding hot such as a rod (Duhaime). After they walked the distance their hand would be wrapped in bandages. Then the person that was wrapped in bandages would be told to meet back after three days in front of the court if there were any signs of healing then that person was looked at as innocent. The ordeal of water was done in two different ways cold and hot. The cold way was where the accused had their hands and feet tied up and they were put into a body of water, if they floated they were innocent if they drowned they were guilty. The hot way was very similar to the fire ordeal, where the accused had to put hands in boiling water to grab a stone and after three days if healed they were innocent (Duhaime). The reason for the two types of ordeals being involved as much healing as it did because it was believed that the God would intervene and help the innocent and let the guilty perish. The third type of ordeal is combat and this would be used if two parties were accused with no witnesses the two parties would fight, most of the time it was to the death, the winners were said to be innocent (Duhaime). Most of the time the people that had enough money would hire champions (Alchin). In the early 1300’s the Medieval customs of trial by ordeals would be replaced with jury because people started to realize it was too hard to convict someone under the
Crime was considered a bad path to go on due to the reason that it was easy to commit crime again once that path was taken. Crime was mostly committed due to bad circumstances like poverty and committing sin by giving into the temptation of the
In the Elizabethan Era, many crimes were similar to today, but there were also some that have dissipated today. In the upper class, composed of the nobles, were mostly accused of crimes that involved religion and government. This included, but was not limited to: alchemy, high treason, blasphemy, and witchcraft. Alchemy is the magic power of turning things of little value into valuable items, closely related to witchcraft. On the other side of the social spectrum, lower class people usually committed crimes out of utter desperation. Commoners would often have to beg for food and money just to make it through. However, begging was taken very seriously at the time and a very punishable crime. Other punishable crimes could include adultery and being in debt to another individual (Law and Punishment- Travel Through Elizabethan England). Obviously common crimes like theft, murder, and assault were taken very serious...
In February, 1587, Queen Elizabeth had ordered her cousin, Mary, Queen of Scotts, to her execution to eliminate all possibilities of any threats to her throne. This event would reflect the relentless violence and unforgiving punishments of the judicial system in Elizabethan Era. Criminals during Queen Elizabeth’s reign in England, known as the Elizabethan Era, were subject to harsh, violent punishments for their crimes. England was separated into two social classes, which were the nobility, and the commoners. Within each class, the punishments were defined by the class and type of crime that had been committed. Under the Tudor rule, the punishments dating back to the middle ages were revived. Such gruesome punishments were carried out to strike fear into the hearts of the English citizens and lower crime rate. There were a wide range of crimes that a person could be prosecuted for, and even included the act of witchcraft and alchemy. Of course, today the American court system would find prosecutions of witchcraft and alchemy ridiculous. However, in the Elizabethan Era, people accused of even the most petty of crimes would be immediately placed in prison to await their sentences, often resulting in death. Public executions were a common practice, and were often a form of entertainment for a crowd of spectators. Often considered as the “Golden Age” in English history, England’s court systems became an essential part of society because cruel punishments were severe enough to strike fear into English citizens as well as demonstrating the influence and power of Queen Elizabeth’s rule.
They got the whole day off of work. On these days, the whole town would gather and watch as the criminal got his head chopped off. Everything at this time had more painful punishments, but not because of their lack of technology but because the leaders wanted you to learn your lesson. If someone lost a hand for stealing, they would most likely not do it again. Where as a commoner would lose their hand for stealing, a noble would only be placed in a pillory.
"During the Elizabethan era, crimes of treason and offenses against the state were treated with the same severity that murder is today” (Beyer 1). Some crimes in the Elizabethan era wouldn’t even be considered crimes today. Punishments were extreme. Minor crimes such as begging would result in public beating until they ran to the town’s border. If any simple crimes were repeated they would be sent to jail, or possibly hung. On the other hand, those who committed extreme crimes wouldn’t be considered for jail. Depending on what time the activity was committed, it could be considered a crime. “Punishment for poaching crimes differed according to when the crime was committed - Poaching at night resulted in the punishment by death, whereas poaching during the day time did not.” (“Elizabethan Crime and Punishment” 1) . Elizabethans would cautiously watch their activities, as they knew any simple wrongdoing could be considered for capital punishment.
Crime is any violation of law, either divine or human; an omission of a duty commanded, or the commission of an act forbidden by law. Gross violation of human law, in distinction from a misdemeanor or trespass, or other slight offense. Hence, also, any aggravated offense against morality or the public welfare any outrage or great wrong. Any great wickedness or sin; iniquity. {Copyright 2004 BrainyMedia.com}
First, let us get an understanding of what crime really is, as well as the right to punish. A crime as defined by Immanuel Kant is “a violation of social laws” meaning a violation that would be committed against a society. (www.philosophos.com) In order for a society to be functional it must have laws and regulations regarding these violations and any disobedience with the laws would be subject to punishment. So who can administer these punishments and decide to what degree it will punish? Kant tells us t...
"Today's system, where imprisonment is a common penalty for most crimes, is a historical newcomer." Many crimes during 1718 and 1776 were punishable by death. This was usually done by hanging, sometimes by stoning, breaking on the rack and burning at the stake. Towards the end of the 1700's people realized that cruel punishment did little to reduce crime and their society was changing the population grew and people started to move around more frequently. There had to be a search for new punishments. "New punishments were to rely heavily on new ideas imported from Europe in the writing of such social thinkers of the Enlightenment as the baron de Montesquieu, Voltaire, Thomas Pain and Cesare Beccaria". These thinkers came to believe that criminals could be rehabilitated."
"Crime and Punishment in Elizabethan England." Crime and Punishment in Elizabethan England. N.p., n.d. Web. 09 Dec. 2013. Citation (3)
The aim of this lesson will be to develop students understanding of crime and punishment in Medieval Europe. As outlined in AUSVELS, this will include investigating different kinds of crime and punishment utilised and the ways the nature of crime and punishment has either stayed the same throughout history, or changed over time.
Crime is seen as deviant behaviour that violates prevailing norms which are the cultural standards prescribing how humans ought to behave normally. This violation of a law;-offences against the person, violent offences, sexual offences and offences against property, causes injury to the public or an individual and a term in jail or prison, and/or a fine are possible penalties.#
While scientific curiosity was high during this time period crime and punishment remained similar to the system that was set in to place during biblical time. The "eye for an eye, tooth for a tooth" mentality continued. Despite this both Plato and Aristotle recognized that some individuals should not be held responsible for the crimes that they had committed. Aristotle believed that a crime committed with hatred was worse and therefore should be punished more severely than a crime that was committed unintentionally. These ideas still
The Classical School of criminology was founded by "European legal authorities that thought crime was caused by supernatural forces" (DeKeseredy & Schwartz, 1996, p.155) preceding the 1700's. The catch phrase "The devil made him do it" was very popular because of the thought that people who committed crimes were sinners or people who didn't follow God. Those who didn't follow God were known as heretics and this following led to the connection of church and state where torture or execution could happen to anyone that the government thought to be evil or a part of witchcraft. Since the Middle Ages didn't have equal rights for all, women and the poor were usually the ones being prosecuted. With all of the problems of the times, the government found and made scapegoats out of these people, and blamed them of the troubles that were occurring. As DeKeseredy and Schwartz (1996, p.156) stated, "the most common way of determining guilt was through torture. It was a simple system: if you confessed, you were executed: is you did not confess, the torture continued until you died." This system of killing people was a well-respected way of running the criminal justice system. As time passed, the punishments turned away from inflicting pain on the body and turned more towards inflicting pain on the soul. This meant that imprisonment of long periods of time was going to take place of executions.
Punishing the unlawful, undesirable and deviant members of society is an aspect of criminal justice that has experienced a variety of transformations throughout history. Although the concept of retribution has remained a constant (the idea that the law breaker must somehow pay his/her debt to society), the methods used to enforce and achieve that retribution has changed a great deal. The growth and development of society, along with an underlying, perpetual fear of crime, are heavily linked to the use of vastly different forms of punishment that have ranged from public executions, forced labor, penal welfare and popular punitivism over the course of only a few hundred years. Crime constructs us as a society whilst society, simultaneously determines what is criminal. Since society is always changing, how we see crime and criminal behavior is changing, thus the way in which we punish those criminal behaviors changes.
Punishment has been in existence since the early colonial period and has continued throughout history as a method used to deter criminals from committing criminal acts. Philosophers believe that punishment is a necessity in today’s modern society as it is a worldwide response to crime and violence. Friedrich Nietzche’s book “Punishment and Rehabilitation” reiterates that “punishment makes us into who we are; it creates in us a sense of responsibility and the ability to take and release our social obligations” (Blue, Naden, 2001). Immanuel Kant believes that if an individual commits a crime then punishment should be inflicted upon that individual for the crime committed. Cesare Beccaria, also believes that if there is a breach of the law by individuals then that individual should be punished accordingly.