Punishments in Modern Britain (Edexcel GCSE History)

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Punishments in Modern Britain - Timeline & Summary

Timeline of major criminal justice reforms in Britain from 1902 to 1988, including the abolition of pointless labor, introduction of probation, and ending the death penalty.

Modern Britain has largely moved away from the harsh punishments of previous eras. This is the result of many changes. Since c1900, the welfare state has greatly developed. This has made the protection of all citizens more of a government priority. The brutality of two world wars has made the use of capital punishment less popular. Similarly, more people now appreciate the varied causes of crime. This has strengthened the idea that rehabilitation is possible.

These changing ideas have also affected prisons. Conditions have improved, though challenges remain. For minor crimes especially, custodial sentences are now more likely to be a last resort. In many cases, there is now a preference for non-custodial sentences. This is especially the case for young offenders.

The Abolition of the Death Penalty

Since the medieval era, the death penalty was always the ultimate punishment
After public hangings were abolished in 1868, the government began to gradually reduce the number of capital offences
Modern Britain saw more debates over the use of the death penalty
- Arguments against the death penalty eventually won out
- In 1965, the death penalty for murder was abolished

What were the arguments for and against the death penalty for murder?

Arguments for the death penalty for murder	Arguments against the death penalty for murder
Protection - the death penalty removes dangerous criminals from society and stops them from murdering again	No positive impact on society - when other European countries abolished the death penalty, murders did not increase
Deterrence - the harsh and lethal nature of the death penalty is enough to put people off committing murder	Spontaneity - because most murders are unplanned, murderers generally do not consider their punishment. This makes it unlikely that the death penalty is an effective deterrent
Retribution - the seriousness of the death penalty reflects the seriousness of murder. It is the right level of punishment for the crime	Religious and humanitarian ideas - many religious people object to the death penalty based on their belief in the sanctity of life. They promote forgiveness instead After the Second World War, many took a more humanitarian approach to justice. The horrors of the Nazi regime, particularly the Holocaust, added to the growing feeling that the death penalty was barbaric. Britain’s signing of the Universal Declaration of Human Rights also reflected this attitude
Cost - the death penalty saves taxpayers money. The alternative to life imprisonment is very expensive	Mistakes - wrongful convictions can happen. In such cases, the death penalty is an irreversible error and a miscarriage of justice Three highly-publicised cases helped contribute to the abolition of the death penalty for murder in Britain: 1. Timothy Evans was wrongly accused of murdering his wife and daughter. He was executed by hanging in March 1950 2. Derek Bentley, despite calls for mercy, was executed by hanging in 1953 3. Ruth Ellis was the last woman to be hanged in 1955. She was convicted of murdering David Blakely, a man who was abusing her

Changes to Modern Prisons

From c1900, prisons began to focus more on rehabilitation than deterrence and harsh punishments
This is largely because of changes in society’s beliefs and attitudes
- Most people stopped believing in the idea of a ‘criminal type’
  - They recognised that other factors, like poverty, caused crime
- More people believed that reform was possible
  - They thought that more humane treatment and education of prisoners could stop them from reoffending

What changes were made to modern prisons?

Abolition of old practices	Gradual improvement of conditions	Better preparation for release
The abolition of pointless hard labour has given prisoners the chance to engage in more meaningful work	Better cells, heating and diets have made living conditions more comfortable for prisoners	Teachers are recruited to educate prisoners and improve their employment prospects
The abolition of solitary confinement has allowed prisoners to mix with one another, reducing the risk of isolation	Prisoners are now allowed to have more outside visitors. This can improve their emotional wellbeing	Open prisons allow prisoners to leave the grounds each day for work

In addition to positive changes, modern prisons have recently faced challenges

An illustration showing effects of prison budget cuts: overcrowding, understaffing, increased drug use and violence, reduced education access, more cell time, less reform. — **An illustration highlighting some challenges recently faced by modern prisons**

Modern Alternatives to Imprisonment

Prisons have proven ineffective in decreasing crime
This is due to many reasons:
- They do not address underlying issues
  - Factors like poverty, addiction and personal issues drive crime
  - Prison does not remove these issues from society
- Costs
  - It is expensive to maintain inmates and pay staff
  - Recent budget cuts have made this even more difficult
- Mixing
  - Experienced criminals often negatively influence younger criminals
- Recidivism
  - In the UK, 75% of ex-inmates re-offend within nine years of release
These issues encouraged governments to try various alternatives to prison

A diagram of non-custodial alternatives to prison including ASBOs, parole, suspended sentences, rehabilitation programs, community service, probation, fines, electronic tagging, and restorative justice. — **A diagram outlining some non-custodial alternatives to prison**

Specialised Treatment of Young Offenders

The increased emphasis on rehabilitation also applied to young offenders
Many believed that young people would be easier to reform because their characters were still being shaped
Deterrence and harsh punishment were only the focus when youth crime rates were high

What type of places and institutions were there for young offenders?

Borstals	Attendance centres	Youth detention centres	Young offender institutions
Borstals were designed to keep young male criminals away from older criminals. They became similar to boarding schools, with structured days and strict rules alongside education and sport. Sentences ranged from six months to two years. They were abolished when it became clear that most reoffended after the release	Attendance centres were designed to educate 10- to 21-year-olds. Offenders attended daily or weekly classes in literacy, numeracy and practical skills, like cooking and managing money Today, attendance centres are used for 18- to 24-year-olds. They encourage offenders to consider the impact of their crimes on the community	Youth detention centres replaced borstals. They were introduced at a time when youth crime was increasing. Their tough, military-style approach to discipline failed to deter young people from committing crimes	Young offender institutions have many of the same rules as prisons. They are used for boys aged 15-17 and young adult men aged 18-21. They aim to reform young offenders so that they do not live a life of crime

Today, custodial sentences for young offenders are used as a last resort
They are only issued if the following interventions have failed:
- Fines
  - For parents or guardians who do not control their children
- Emotional support, e.g.
  - Counselling
  - Therapy
- The care system
  - Some young people are removed from homes that are deemed to be contributing to their criminal behaviour
  - They are instead placed in care
- Collaboration
  - Between youth courts, the police, schools, social workers and probation officers
- Non-custodial punishments, e.g.
  - Community service
  - Curfews
  - Electronic tagging

Worked Example

Explain one way in which prisons in modern Britain are different to prisons in the early modern period

4 marks

Answers:

In modern Britain, prisons are better to prepare prisoners for life after their release (1). Teachers are recruited to educate prisoners and provided with training and work experience to improve their employment prospects (1). In the early modern period, prisons were used to house offenders awaiting trial or punishment (1). The conditions were poor and often prisoners died from diseases that they caught during their time in prison (1).

Exam Tip

Remember that this paper goes up to the present day, so you can always use recent examples from the news to talk about change and continuity in the prison system.

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