Crime and Punishment / 1700-1820s

Crime and Punishment: Decline of the Bloody Code

By the early 1800s, many people doubted that the death penalty could really stop crime.

What To Remember

The Bloody Code expanded from about 50 capital crimes in 1688 to about 222 by 1810.
It was meant to deter crime, but pardons, jury reluctance, and disorderly public executions weakened its impact.
During the 19th century, reformers increasingly argued that punishments should be proportionate and useful.

Why it seemed strong

Lawmakers thought harsh punishments would scare people into obeying the law.

Public execution was meant to frighten everyone who watched.

The system protected property at a time when wealthy landowners and merchants feared theft and disorder.

Why it declined

Judges and juries often did not want to convict when death seemed too harsh for the offence.

Pardons made the threat unclear: if criminals expected mercy, execution was less effective as a deterrent.

Reformers argued that punishment should fit the crime, and that prison or transportation could be more useful.

Public execution

Public hangings often drew large crowds and could become noisy, drunken spectacles.

Some crowds treated condemned criminals like heroes, while pickpockets used the event to commit more crime.

Public executions ended in 1868, when executions were moved inside prisons.

Why did the Bloody Code become less convincing as a deterrent during the Industrial period?