The Heavy And Brutal Punishment Of Systems Criminology Essay

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The law still does not apply equally to the governed and those who govern. Use your table to compare and contrast the inequalities of the application of the law in18/19th centuries and in the 21st century.

At the beginning of 1800s, crime went up a significant amount because of the Industrial Revolution. Theft was the main crime because so many people were living in such a small area it lead to crime with the invention. With the invention of the steam power, which lead to factories, which lead to cities with cities growing all over England law and order needed to be improved.

London's population had grown to 1.5million people, yet there were only 450 constables for the whole of London.

The violence of the law was more concerned with the protection of property than the preservation of life, particularly the live of poor wretches who were driven to crime by the appalling circumstance of their existences. As Mary Jones in1770 who went to gallows because his husband was press ganged in the Navy. Thrown out on to the street the desperate Mary attempted to steal some linen from a draper's shop. She was forced into this action because the state had effectively kidnapped her husband and let her without help from the government.

The failure of government to measures and control the crime and corruption as the criminal justice system was totally inefficient as the force of law and order which still consisted, as in centuries past, broken old men, the watchmen of the parish acting on orders of unpaid local magistrates. Methods of law enforcement were slow and cumbersome. Corrupt magistrates were always open to inducement. These corrupt magistrate brought discredit on the administration of justice as the 18th century wore on.

Corrupt activities during 18th & 19th centuries and the failure of the government to react following the cover up of official involvement in South Sea Scandal, Jonathan Wild, the London underworld to expand rapidly, more interesting the banking fraud following the lack of proper regulation by the Bank of England. There were several banking crises during the 1820 and widespread fraud was uncovered: Georges Howarth, manager of the Rochdale saving Bank into which many poor people put their saving, was discovered on his death in 1849 to have embezzled £72,000 through false accounting.

It was until the mid 19th century order maintenance was not a democratic process and the welfare system, criminal justice system was more in favour of the rich that the poor.

The nineteenth century saw extensive and fundamental change in the law both civil and criminal and particularly in the enforcement of criminal law. This was one part of the general 'modernisation' of the British state that took place between the 1820s and the 190s. One very important development is that, as the century progresses, the concept of crime is 'demoralised' for many of the intellectual elite, though not for the mass of population. This is associated with developments that take place after 1890 and during the 20th century, i.e. the rise of therapeutic notion of the state and CJS, as opposed to the holder 'justice' based conception.

An old idea that gains new lease of life is that of what we now call the 'underclass' although the Victorians commonly use the [in some ways more revealing] term 'residuum'.

Changes were of course part of a process that embraced all area of criminal justice [the new police, the change in prosecution and trial.

From a system of heavy and brutal punishment

With a small likelihood of detection

And many ordinary offences being dealt with informally

To a system of lesser and more humane punishment

A higher likelihood of crime being detected and offenders brought to trial

Monopoly of criminal justice agencies in dealing with offences

In contrast the 21st century brought the modern system of criminal justice which is different in the process prior to the old system of heavy and brutal punishment, with a small likelihood of detection and many ordinary offences being dealt with informally. However, the CJS today showed some imperfection and failure in the CJS.

The basic problem according to criminal Justice was the fact that the criminal justice system had not been effective enough in dealing with the crime or offenders.

Corrupt activities from the police, magistrates and politicians are the same that corrupt activities during 18th & 19th centuries. Government failure in the welfare system, probation system, prison and the relation of private investigator working for organized crime gangs have accessed and even deleted law enforcement intelligence records with the help of corrupt police officer and other officials; a leaked report has revealed to the Leveson inquiry.

The reality today is that the risk of being murdered will be higher for men that for women. It was clear and determinant that likelihood of being murdered was poverty. So it was that rate of poverty and income inequality rose significantly in the 1980s and 1990s. This overwhelming social fact, rather than any marginal criminal justice impact, exerted by far the strongest influence on the murder rates.

Today we are in a society in which people are very differently situated in relation to the proscription of criminal law, and in which factors such as race, ethnicity, nationality, class, gender, and age widely affect not only life chances in general but also official and unofficial believes about people's predispositions to break criminals, the impact of criminal justice is virtually certain to be very unequal. [Lacey 1994:6}


Today corrupt activities still take place within the law and politic and seem that order maintenance is not a democratic process. Inequality and social justice shows that Britain is a long way from realising equal opportunity: The life chances of an individual in Britain today are significantly influenced by the economic and social position of his or her parents.