Crime and Punishment / 1688
Crime and Punishment: The Bloody Code
The Bloody Code used the threat of execution to deter crime, but juries and judges often avoided carrying it out.
What To Remember
- By 1688, around 50 crimes were punishable by death, including some offences that later seemed minor.
- The main aim was deterrence because weak law enforcement made it difficult to catch criminals consistently.
- The Bloody Code was undermined by pardons, pious perjury, and pleading the belly, so executions were not always carried out.
Harsh punishment
The Bloody Code was not one single law, but the name given to the growing list of capital offences.
By 1688, about 50 crimes could lead to execution, and the number rose much higher in the 18th century.
Property crimes such as some forms of theft, burglary, and poaching could be treated extremely harshly because landowners and lawmakers wanted to protect wealth.
Purpose
The main aim was deterrence: public hanging was meant to frighten people away from crime.
This made sense to authorities because early modern law enforcement was weak and there was no professional police force.
It also reflected elite fear of rising crime, poverty, and attacks on property in a period of population growth and economic pressure.
Why it was flawed
Many people thought death was too harsh for lesser property crimes, so the system was inconsistent.
Juries used pious perjury by lowering the value of stolen goods or changing verdicts so the offence was no longer capital.
Judges and monarchs could grant pardons, and pregnant women could plead the belly, delaying execution and sometimes gaining mercy.
GCSE judgement
The Bloody Code looked frightening, but it was not fully effective because punishment was uncertain.
Its importance is that it shows the early modern focus on deterrence and retribution before prison became the main punishment.
It also shows class power: many capital laws protected property owned by the wealthy.
Revision Prompt
Why did the Bloody Code try to use fear to reduce crime?