Development of Criminology - Law Essay Sample

In looking at the development of crime and punishment in England, one has to assess the both the history of common law as well as that of Roman law which later evolved and became the civil law which has influenced the judicial systems of many nations across Europe. However, it should be noted that Roman law was not of substantive influence on the nature of the judicial system in Great Britain which is in not codified. As it shall be seen later, Roman law was an important factor in the teaching of common law. For a long time, common law was something that was laborious and hard to understand for the common man in the nation. However, it was the principles of Roman law that brought a new perspective to our understanding of common law and its delivery in law schools. The criminal system in England can trace its identity to the moment the Romans left the British Isles and allowed other European tribes to invade and expand their territories. The development of criminology in England is, for this reason, a reflection of the different groups that had a dominant hold on the affairs of the land with regards to ideology and political discourse.

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The first of these groups was the Saxons who were then followed by the Vikings as they fought over territories for centuries. In 1066, the Norman invasion became the highlight of the entire nation and thus contributed a great deal to the structure and development of the criminal justice in later centuries. The Saxons were able to influence the development of criminal law through their sheer size and complexity. Although they arrived in small numbers, they grew until they became large kingdoms in constant collision with one another. While the Saxons developed to become one huge kingdom, it was not uncommon to find differences in the structure and composition of criminal law. However, criminal law was administered by the Saxon lords were required to control the masses through a system of rewards such as land, money, and power.

There were moments when it was not enough to control the people with such a system. The Saxons, for that reason, developed a crime prevention and policing system that was designed based on their understanding of natural justice. It was a system that had deep connections to Christianity as seen in the practice of an eye for an eye principle. The justice system in this era was particularly common for all people. However, it is this connection that made the system to be unfair as the reliance on the religious system eliminated the need for factual evidence. Other practices such as tithing were punitive for the entire community, even when people did not commit certain crimes. Additionally, the ordeals for the Clergy were not as punitive as those served against members who did not belong to the clergy.

The Battle of Hastings in 1066 introduced William Duke of Normandy as the King of England. He had the desire to control the people of England, and his strategy involved adjusting the laws of England. He introduced concepts such as trial by combat, murdum fines, forest laws, and so forth. However, a significant connection existed between the criminal law of the Saxons and that of the Normans. Both of these laws were still heavily reliant on religion. A huge part of this is because religion continued to play a dominant role in the lives of people throughout the medieval period. As such, medieval justice was based on the perspectives of God that were carried forth in the principles that shaped Christianity. The criminal law was particularly beneficial to the clergy in whom Priests could not be tried by the Kings Courts or the manor courts. Consequently, many people claimed the right to be treated as members of the clergy as seen in monks as well as church doorkeeper. The concept of the sanctuary was also introduced in which any person who ran to church had the right not be judged by the Kings Courts. It was during the time of King Henry II that people began to raise objections to the increasing power of the church.

The nature of the criminal justice system in medieval times is best reflected in the popular figure of Robin Hood, who was a man that was bent on subverting the course of the justice system that seemed to oppress the poor and the less fortunate. The Saxons were under the pressure of the Normans in whom they believed to be unfair and exceedingly harsh. Robin Hood represented a freedom fighter who would not stand for the unjust practices that were being unleashed on the hapless populations on the land. These stories show that the general perception of criminal law in England was one that was unjust and only served to enrich the rich and the Norman rulers. It is such conditions that led to the development of a series of revolutions and conquests designed to bring a new era of law and order in Great Britain.

The modern period in Britain is marked by the rise of the Tudors as the rulers of the nation. In this particular reign, which ended in 1750 as a result of the industrial revolution, there were massive changes that took place in both the religious and political landscapes. The harsh and extremely punitive judicial laws in the 18th century under the reign of the Georgian Kings are captured in contemporary society by the Pirates of the Caribbean films. During this period, not only does crime increase, but it also increases in complexity as a result of the changes that were taking place in the British society. Changes in the food supply made it difficult for the poor to keep up with the standards of living in the country. Job scarcity was also another crucial issue, and this was directly attributed to rampant population growth coupled with the shrinking economy.

The political changes were, however, the most significant as they would, later on, change the process of creating laws in Great Britain. The Early Modern Period was one in which the Monarch ruled the land, and the people would follow their word. The problem with such a system of law was that it was highly dependent on the King. Some Kings had better judicial regimes compared to others. For the most part, however, most of these monarchs had developed a bad reputation, and by the 1640s, there were rallying calls for their power to be checked. Subsequently, Civil War broke out as different factions contended for power and authority in England. The result of this war was the execution of Charles I with those close to him. Unfortunately, the ones who ascended into power did not do much to change the perception of people as the instituted laws only served to protect this newfound wealth and power. It was a period of increased beggars on the streets. At times, most of these beggars were whipped and were, under Edwards rule, branded on the forehead with the letter V which stood for a vagabond. Those who caught begging for a second time were executed. Under Elizabeth I, rogues and vagabonds could be sent to correctional facilities before the execution was seen to be the appropriate decision.

The church was not considered to be a just and fair institution as it mostly sided with the views of the reigning monarchs. The church in England was heavily linked with the monarch, and some acts such as heresy were deemed to be a direct attack on the authority of the monarch. Under Mary Tudor, Protestant heretics were severely punished and not tolerated for their views. During the early period of modern period, criminal law was particularly harsh towards the women, especially those who had different and queer personalities witches. It is ironical that it was a period which saw four queens sit on the throne. Criminal law was particularly discriminatory towards women who were over 50 years of age as seen in the reign of terror unleashed by Matthew Hopkins. He was sent out to attack such women and was highly rewarded for his efforts. The methods to prove that a woman was a witch were also discriminatory and not designed to hear the perspective of the accused. In essence, throughout the Early Modern Period, social criminals were highly popular, and criminal law evolved to deal with such forms of crime.

Towards the end of the 18th century, there was an increase in the number of laws such as capital crimes. Following the Civil War, members of parliament as well as affluent land owners were surrounded with more power and were, for that reason, able to influence the law-making process. The role of the monarch in this period began to fade, and it was important for the new class of wealthy and powerful people to protect their newfound status at all costs. The new laws were designed in such a manner that even petty crimes were deemed to be punishable by death. Such a policy was also referred to as the Bloody Code, and it underlined the general idea that crime prevention was best deterred by the use of punishment. The nature of these social crimes was that of a protest against the social order in which the rich people were only interested in the protection of their property. It is no wonder that most of these crimes were highly romanticized and the criminals depicted as heroes by their narrators. It was mostly portrayed that these criminals did so as a way of helping the poor and the needy. Some of these social crimes included poaching, highway robbery, and smuggling. Smuggling became increasingly popular as Britain discovered and colonized America. The smugglers were able to import cheap and unique goods from distant lands and which could not be purchased in the UK at that particular time.

From this period, it can be seen that the laws and justice parameters were mainly defined by four main types of laws; Tudor laws, Stuart laws, Puritan laws, and the Bloody Code. The Tudor laws were mainly targeted at vagrancy and heresy. Catholics and Protestants faced varied fates based on the ruling monarch at the time. The Stuart laws essentially made witchcraft to be made illegal, and culprits were usually tortured. The Puritan laws were designed to eliminate things that deemed to be distractions to Christianity. For this reason, things such as theater, sports, Easter and Christmas, as well as makeup were outlawed. As mentioned, the Bloody Code increased the rate of capital offenses by over 300%. As it has been mentioned before, the major driver of these laws was poverty, population growth, religious, and political change. As a result of this, the typical crimes were usually those that took place between people, those that attacked the state and the national belief system, and those that were related to money and property. To deal with all these changes, criminal law evolved and policed became more complex so as to deal with the rising tide of social crimes affecting the nation. Policing jobs included Constables, Thief-takers, and Watchmen.

The next chapter in the evolution of criminal law in England is ushered in by the Industrial Revolution. As it has been documented, the start of the 19th century was a period that was characterized by a massive and rapid increase in recorded crime. A large aspect of this is due to the increase influence of the Bloody Code as it led to the increase in the number of people that could be punished by the punitive laws. Additionally, the government began to centralize many of its activities, and many decisions were now being made at a national level. It was a system that made many legal matters seem fair considering that a decentralized system had resulted in a system in which judicial systems differed from one jurisdiction to another. The industrial revolution brought with it increased population growth as there was a greater efficiency in the farming methods. Populations did have better food supply systems that were supported by developments in healthcare. A growing birthrate coupled with an increasing mortality rate meant that there wa...