Click Here to see how 18th Century Crime and Punishment Compared to that of the 21st Century today!

A Case Study: Catharine Hayes vs. Teresa Rafacz

BACK

It is important to note that modifications to the criminal justice system in England were being made by courts since 1550. Judges often ruled in favor of the offender, unwilling to condemn a crime other than murder to the death penalty. However the significant shifts in thought resulting from the Enlightenment marked the turning point in criminal reform.

By the mid 1800s, most serious offences were condemned to imprisonment instead of capital punishment. In 1823, the Judgement of Death Act was passed, stating that in all cases except those of treason and murder, judges could use personal discretion in using the death penalty or not. This overturned the previous 200+ offences that demanded the death penalty under the Bloody Code. Eventually, civil unrest, circulating press on penal reform, and changing philosophies led to the abolishment of the Bloody Code in 1815.

In 1829, The London Metropolitan Police were established to focus on crime prevention and deterrence.
The death penalty in England was not abolished until the 1960s.

Check out this video on penal reform following Enlightenment philosophy:

 

 

Off With Your Head: Philosophy on Crime and Punishment in the 17th and 18th centuries

Cold Facts: The Bloody Code

Turning Point: Changes in Criminal Philosophy on Crime and Punishment

Criminal Justice Reform: Post-Enlightenment Reform