3.1 Changing definitions of crime, c1700-c1900
Smuggling: Continuity & Change
-In the 18th century, more goods (like cloth, wine and spirts) were taxed and smuggling activity increased
-A development was the growth of large smuggler gangs. E.g the Hawkhurst Gang controlled smuggling around the south coast.
They were more organised and operated on a larger scale than earlier smuggler
-Smuggling was a ‘social crime’ as many people benefitted from the cheaper smuggled goods and didn’t see it as a serious
wrongdoing.
-Many members of the upper class bought cut-price luxury goods from the smugglers, and so would help conceal their activities
rather than report them (making it harder for the authorities to track down and arrest smugglers)
-There were difficulties facing customs officers because smugglers often worked at night and there was miles of unpoliced
coastline, it was easy to do things secretly
-Some argue that smuggling was a crime created by the government by introducing import duties- they created a financial
initiative to break the law
-In the end, smuggling became less common because it became less profitable- the prime minister lowered import duties in the
1780s. Whereas previously, smugglers could offer a much better price than law-abiding traders, now there was less of a
difference in price, so extent of smuggling dropped.
Highway robbery: Continuity & Change Poaching: Continuity & Change
-The crime of highway robbery was threatening or attacking travellers -Poaching was a widespread crime after 1700
and forcing them to hand over their valuable possessions -There was a rise in poaching gangs operating on a
large scale
Highway robbery became more common in the 18 th century because: -Poaching raids prompted the authorities to make
The increase in trade meant there was more need to move anti-poaching laws harsher.
goods and money around. There were only a few banks -The 1723 Black Act was passed to try deal with
where money could be left for safe-keeping; so, people often gangs by making poaching a capital offence. It also
carried large sums in cash made it illegal to disguise your face in a hunting area,
The countryside became much less populated as towns grew, and carrying snares, or even owning dogs that were
so there were many isolated country roads where robberies suitable for poaching.
could take place -Anti-poaching laws were heavily resented because
Many roads and road surfaces were improved so travellers they were viewed as unfair
were charged a toll to pay for these improvements. This led -In 1823, the Black Act was repealed as part of a large
to more travel, which meant there were many more people number of legal reforms led by Robert Peel. Poaching
and valuable items to seal on the roads. was still illegal but not punishable by death
-Highway robbers who operated on foot were called footpads and
those who travelled on horseback were called highwaymen
-Highway robbery was treated as a serious crime because:
It disrupted travel between towns
The crime was committed on the king’s highway
It could involve the theft of mail bags and so disrupted the
postal service
-In 1772, in an effort to stop the activities of highwaymen, the death
penalty was introduced for anyone found armed and in disguise on a
high road.
-After 1815, the crime became less common. The last case was in 1931
-An important factor that caused this decrease was the use of mounted
patrols on major roads and another was the growth of the banking
system, as it meant there was less need for people to carry large sums
in cash.
The decriminalsation of witchcraft
-In 1736, during the reign of George II, a new Witchcraft Act was passed which
decriminalised witchcraft
-People no longer believed in witches and witchcraft and those who claimed to be
‘witches’ were now seen as tricksters trying to take advantage of others.
-The new act set out much less severe punishments of fines and imprisonments than
people accused of witchcraft had faced in the past
, The Tolpuddle martyrs
-A revolution in France (1789) led to a temporary overthrow of the ruling classes, with thousands of members of the
nobility executed.
-This made the authorities in Britain feel vulnerable, and contributed to them threating those who wanted political
change as criminals
-The case of the Tolpuddle martyrs shows how the government dealt with threats to authority, and how changing
attitudes could influence the government’s approach to, and definitions of, crime.
-In Feb 1834, in the village of Tolpuddle, five brothers were arrested, and they were accused of ’administering an illegal
oath. They had broken an old law intended to stop sailors In the Navy organising mutinies
-The real motive for their arrest was to stop their political activities, they had also formed an early form of a trade union.
-They wanted to protest about their low wages: 6 shillings a week, when the average wage for a farm labourer was 10
shillings a week.
-The men were sentenced to 7 years transportation to Australia. This was the most severe
punishment and meant to ac as a deterrent to others who might try to form a union. Martyr = A person who
-The news of the conviction spread across the country very quickly and mass protests suffers for their beliefs and
were organised in support of the men. often is admired for it
-A demonstration was held in London, which was attended by up to 100,000 people and a Trade union = An
petition was presented to parliament about their harsh punishment. organisation that represents
-The home secretary refused to accept it and the men were sent to Australia. While they workers to protect their
served their sentence, trade unions supported their families with financial donations. rights
-4 years later, the government pardoned and released the Tolpuddle martyrs, and they
returned home
-This case shows how public opinion could influence what was regarded as a crime, and
how the authorities punished people. Changing attitudes were an important factor in
determining what should be treated as a serious crime.
Smuggling: Continuity & Change
-In the 18th century, more goods (like cloth, wine and spirts) were taxed and smuggling activity increased
-A development was the growth of large smuggler gangs. E.g the Hawkhurst Gang controlled smuggling around the south coast.
They were more organised and operated on a larger scale than earlier smuggler
-Smuggling was a ‘social crime’ as many people benefitted from the cheaper smuggled goods and didn’t see it as a serious
wrongdoing.
-Many members of the upper class bought cut-price luxury goods from the smugglers, and so would help conceal their activities
rather than report them (making it harder for the authorities to track down and arrest smugglers)
-There were difficulties facing customs officers because smugglers often worked at night and there was miles of unpoliced
coastline, it was easy to do things secretly
-Some argue that smuggling was a crime created by the government by introducing import duties- they created a financial
initiative to break the law
-In the end, smuggling became less common because it became less profitable- the prime minister lowered import duties in the
1780s. Whereas previously, smugglers could offer a much better price than law-abiding traders, now there was less of a
difference in price, so extent of smuggling dropped.
Highway robbery: Continuity & Change Poaching: Continuity & Change
-The crime of highway robbery was threatening or attacking travellers -Poaching was a widespread crime after 1700
and forcing them to hand over their valuable possessions -There was a rise in poaching gangs operating on a
large scale
Highway robbery became more common in the 18 th century because: -Poaching raids prompted the authorities to make
The increase in trade meant there was more need to move anti-poaching laws harsher.
goods and money around. There were only a few banks -The 1723 Black Act was passed to try deal with
where money could be left for safe-keeping; so, people often gangs by making poaching a capital offence. It also
carried large sums in cash made it illegal to disguise your face in a hunting area,
The countryside became much less populated as towns grew, and carrying snares, or even owning dogs that were
so there were many isolated country roads where robberies suitable for poaching.
could take place -Anti-poaching laws were heavily resented because
Many roads and road surfaces were improved so travellers they were viewed as unfair
were charged a toll to pay for these improvements. This led -In 1823, the Black Act was repealed as part of a large
to more travel, which meant there were many more people number of legal reforms led by Robert Peel. Poaching
and valuable items to seal on the roads. was still illegal but not punishable by death
-Highway robbers who operated on foot were called footpads and
those who travelled on horseback were called highwaymen
-Highway robbery was treated as a serious crime because:
It disrupted travel between towns
The crime was committed on the king’s highway
It could involve the theft of mail bags and so disrupted the
postal service
-In 1772, in an effort to stop the activities of highwaymen, the death
penalty was introduced for anyone found armed and in disguise on a
high road.
-After 1815, the crime became less common. The last case was in 1931
-An important factor that caused this decrease was the use of mounted
patrols on major roads and another was the growth of the banking
system, as it meant there was less need for people to carry large sums
in cash.
The decriminalsation of witchcraft
-In 1736, during the reign of George II, a new Witchcraft Act was passed which
decriminalised witchcraft
-People no longer believed in witches and witchcraft and those who claimed to be
‘witches’ were now seen as tricksters trying to take advantage of others.
-The new act set out much less severe punishments of fines and imprisonments than
people accused of witchcraft had faced in the past
, The Tolpuddle martyrs
-A revolution in France (1789) led to a temporary overthrow of the ruling classes, with thousands of members of the
nobility executed.
-This made the authorities in Britain feel vulnerable, and contributed to them threating those who wanted political
change as criminals
-The case of the Tolpuddle martyrs shows how the government dealt with threats to authority, and how changing
attitudes could influence the government’s approach to, and definitions of, crime.
-In Feb 1834, in the village of Tolpuddle, five brothers were arrested, and they were accused of ’administering an illegal
oath. They had broken an old law intended to stop sailors In the Navy organising mutinies
-The real motive for their arrest was to stop their political activities, they had also formed an early form of a trade union.
-They wanted to protest about their low wages: 6 shillings a week, when the average wage for a farm labourer was 10
shillings a week.
-The men were sentenced to 7 years transportation to Australia. This was the most severe
punishment and meant to ac as a deterrent to others who might try to form a union. Martyr = A person who
-The news of the conviction spread across the country very quickly and mass protests suffers for their beliefs and
were organised in support of the men. often is admired for it
-A demonstration was held in London, which was attended by up to 100,000 people and a Trade union = An
petition was presented to parliament about their harsh punishment. organisation that represents
-The home secretary refused to accept it and the men were sent to Australia. While they workers to protect their
served their sentence, trade unions supported their families with financial donations. rights
-4 years later, the government pardoned and released the Tolpuddle martyrs, and they
returned home
-This case shows how public opinion could influence what was regarded as a crime, and
how the authorities punished people. Changing attitudes were an important factor in
determining what should be treated as a serious crime.
