Change in Attitudes to Punishment in the 20th Century
The Path to Abolition: While public executions ended in 1868, the use of capital punishment continued until the mid-20th century. The Homicide Act of 1957 limited the death penalty to only five specific types of murder, signaling a major reduction in its application.
The 1965 Murder Act: This landmark legislation suspended the death penalty for five years. Following continued public and political pressure, the abolition was made permanent in 1969 for all crimes except treason and piracy.
Case Studies of Injustice: The executions of Timothy Evans (1950), who was later found innocent, and Derek Bentley (1953), a juvenile with learning difficulties, caused widespread public outcry. The hanging of Ruth Ellis (1955), the last woman executed in the UK, further fueled arguments that the law was inflexible and cruel.
Prevention over Punishment: In the 20th century, the legal system recognized that children should not be treated as 'small adults'. The goal shifted to preventing young people from entering a life of crime through early intervention and reform.
Institutional Developments: The introduction of Borstals (reformer institutions for youths) and specialized juvenile courts aimed to separate minors from the hardened criminal population of adult prisons.
Modern Legal Tools: In the late 20th and early 21st centuries, new measures like Antisocial Behaviour Orders (ASBOs), electronic tagging, and curfew orders were introduced to manage youth behavior without resorting to incarceration.
Parental Accountability: Modern laws often place more responsibility on parents, who can be fined or even lose custody if they fail to prevent their children from engaging in criminal activities.
The Probation Service: Introduced in 1907, the probation service allows offenders to remain in the community under the supervision of an officer, focusing on guidance and support rather than isolation.
Parole and Early Release: The parole system allows prisoners to be released before the end of their sentence if they demonstrate good behavior and a commitment to reform. This acts as both an incentive for inmates and a tool for social reintegration.
Community Sentencing: Measures like Community Service (or 'Community Payback') allow offenders to repay their debt to society through unpaid work, such as cleaning public spaces or assisting local charities.
| Feature | Retribution (Old Attitude) | Reform (Modern Attitude) |
|---|---|---|
| Core Goal | Payback for the crime committed | Changing the offender's behavior |
| Focus | The crime itself | The person who committed the crime |
| Methods | Pain, humiliation, isolation | Education, training, therapy |
| Desired Outcome | Deterrence through fear | Reintegration into society |
Timeline Mastery: Memorize the key dates: 1902 (hard labour ends), 1907 (probation), 1965 (death penalty suspension). These provide the necessary evidence to support an argument about 'change over time'.
Linking Factors: Always link the change to a factor. For example, the abolition of the death penalty was caused by 'Role of Individuals' (Ruth Ellis/Bentley) and 'Government Attitudes'.
Terminology Precision: Distinguish between 'Capital Punishment' (the death penalty) and 'Corporal Punishment' (physical pain like whipping). Confusing these is a common way to lose marks.
Case Study Application: Don't just list the facts of the Derek Bentley case; explain why it mattered. It proved that the law could make irreversible mistakes, which is a powerful argument for the abolition of the death penalty.