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Public Order and Legal Institutions.docx

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HIST 277
Catherine Briggs

Public Order and Legal Institutions Early 1800s  Change in the way people look at Crime and criminals  Ideas about criminal justith system changes  Ideas change because - 19 century o Urbanization and industrialization  Over the course of the 19 century  Canada - Urbanization - growth in the size of the population - become from rural to urban areas - industrialization - more people are working at the service sectors for higher wages than being farmers. Urbanization - 1800’s and Industrialization - 1850s  U comes before I because of high rates of immigration  People come from British Isles into British North America happens between 1850- 1860  These people land up in port towns where they landed  A lot of infrastructure development - canals, railway (Toronto, Hamilton, Quebec), improve water systems, huge Timber industry in Canada at that time.  Large infrastructure - docks, buildings, railway development in first half of 1800s which needs employees and they may need money  Another source of employment before industrial revolution is resources - timber, wood  Fair amount of growth due to immigration increase and economic growth o Increases poverty and social problems because there is a large population of new immigrants who don’t have enough means/resources especially people from Ireland - many have disposed off their land and they find themselves here. o 1830s and 1840s, Irish are of poor classes and had no financial means, impoverished people in British North America o They work for fairly low wages and find themselves in precarious situations financially o Other social problems - fairly poor living and working conditions, growth in urban areas - urban sprawl o Housing is of low quality - many families in one house. No plumbing and other amenities, no sewage facilities or water available (water would be taken from lake and river systems but that already has pollution), fire risks, substantive poor quality of living  Industry manufacturing and other sources of employment in the Industrial Revolution  Early industry has very low pay so these people are still poor o Poor living conditions o No control over urban sprawl - several families in one house, no bylaws, poor sanitation and health problems  Starting to get regulation in 1910 o Houses must be a little far apart o Green space needs to be present  Growth in Criminal behavior and problems in social order  Along with poverty, there is more crime rate and social order o Breakdown of traditional means of social regulation as a result of early means of socialization. o Traditional means of social regulation - censor of community and neighbors. Know your neighbours and when people care about communities they live in, they care about following the rules. o Communities work together to achieve a number of objectives so people are more likely to abide by the rules of morality. There could be real crimes and this happens more in smaller rural communities o Church - they do abide my familiar rules of behavior and these traditional rules worked alongside the legal system. o One of the reasons why criminal justice system was harsh was because there was no police force or jails. There were court hearings, sentencing, punishments carried out quickly, traditional forms of social justice system.  You have a greater sense of being good and you won’t get drunk and start fist fights.  Churches are a fair force of social regulation. Most people belonged to a Church which regulated and moderated behavior of the people Criminal Justice System  No police force so it was very harsh  Quick trial for sentencing people  Urbanization and modernization - more anonymous neighborhoods, not the same sense of censoring from a strong community/Church presence resulting in less Church attendance.  An increase in “moral” and crime. Urban environments speak of an increase in behavior such as theft, public drunkenness, rowdiness  Before 1800s, the poor were taken care under the British “Poor law” tradition - longstanding the law that was in place which held that local governments were to take care of the poor or give aid through taxes that were rendered to the community  Change in philosophy - change from criminality to identify deterrence to reform the individual from public view. The Christian obligation to provide help to one fellow man. Christian aid and community aid are most generous to widows, and orphans. Able body or a grown man - they were not too generous.  In Canada, poor was taken care of within their own community. They did not reciprocate the poor law but they took on the tradition  Increasingly, society will begin to look at criminals and criminality differently. They increasingly want to look at the possibility that someone is a criminal because of an inherent law.  Many of these communities were most caring/helpful to families who were poor without any fault of their own.  No community sense in urban areas - not the same religion or ethnicity creating and enmity  Not in existence in Ontario or Quebec but no law stating that taxes had to be collected and taken care of. Christian faiths and other believed in providing aid to a fellow man. By aiding one’s fellow man, you get closer to salvation.  The system doesn’t work in urban areas and cannot handle the problem.  The reform movement takes place NOW o Comes out of churches o Begin to develop concerns such as poverty, criminality etc. o Dedicated to fixing society and people  Impacts the way they look at criminals.  The act of committing a crime and the cause of it  Criminal because of n inherent flaw and Church tries to fix the flaw.  Begin to look at what is causing criminal behavior and move away from deterrence to reform - how can you change the criminal?  Try to reform the society that creates the criminal o End result: development of jail, police services etc. Social Disorder in Early 1800s.  Increase in arrests for public order and morality crimes  Infrastructure development, large influxes of famine, Irish, urban growth  Infrastructure, poverty, immigration are all causes of disorder  It is very easy for people like novelists to write many articles for all areas  High levels of immigration  Impoverished people  Brings in poverty stricken  Prostitution  They could be applied to anyone that is undesirable - used as a catch to all criminal charges.  Vagrancy is very broad - property crimes/drunk  Increase in arrest for public order and morality crimes  Arrest rates as a result of putting more resources towards them  As economic distress goes out, there are more crimes in morality  Governing activity Is against against because a high proportion of them Public Order and Crime  “Plebian cultures” past times of lower income people o example: drunkenness was when the elite are less tolerant  Targeted with a number of social stereotypes and viewed to be more simple and less intelligent than others. Inclined toward drunkenness, violence -  Good economic times - more people come in to seek jobs  More altercations between people  Most people arrested were Irish due to discrimination  There is a lot of animosity between Irish, English, Scottish and between the Protestant and Catholic  High proportion of impoverished Irish - significant prejudice - arrested for morality crimes such as drunkenness. Irish Catholics - viewed as the lowest rungs of humanity (undesirable).  Irish - viewed as more simple (Irish Catholic); less intelligent; lack of moral control  More prejudice than real social disorder  Breakdown of traditional society - urban society  Social anxiety increases because of real problems and prejudice/intolerance  Consumption was high even at that time as one of the first business that arrived would be a grismo  Drunker behavior, fall fares, agricultural fairs, bran raising events involved significant amounts of whisky  People are more concerned about what they do as immoral behavior in the 1840s than in the early 1800s  Over the course of 1800s, there is a growing sense Drinking  Lots of drinking that went on earlier in the 1800s  We know this from pictures/social commentators  There were 20 drinking establishments for 3000 people in Hailton  20 known because there were a lot of illegal drinking establishments  A lot of housewives/farmers made their own wine, beer and sold it to people  When people came together for events they would drink  People went to do logging/barn raising o Involved tremendous amounts of whiskey o A lot of fighting went along with this o So drinking a lot is not new  Drinking issue is due to o Population growth o Idea that vice/immorality - social breakdown o Beginning to view things such as immorality (not following dictates of God) - ultimately all of the community will fall into vice o Sense of impending social disorder o Growing sense that individuals can be repaired o Criminal behavior can be fixed using criminal law  Development of police force  Reformative - rather than based on revenge/deterrence o 1843 by laws started coming back  increased laws against vagrancy, rowdyism , too much social disorder New Laws  Before the era of limited policing, what are you going to do with vagrancies? Vagrancy laws were observed but there is not much to do  New by laws put in place based on their acts. o There was rowdyism and police force was created to assist with these o New by laws directed at other public disorder problems. Restrictions on bowling o Penalties were strengthened for prostitutes and what they called fending (house prostitution) - public disorder or morality crimes o Drastic increase in committals of such crimes. Over 50% increase in arrest in these crimes in this particular area.  Increase in arrests for minor crimes  Police Force was established - which allows them to have people to arrest the fondants and have a jail to hold or incarcerate people who were charged for drunkenness.  Increase in number of jails to hold people awaiting trials and so they are expanding to appoint a police magistrate (lower level judge who deal with these minor crimes and lower demeanor). o Jails used as a detention facility before o Now people actually start being sent to jail  1845 - province of Ontario and Quebec passed an act to prevent profanation of Lord’s Day - Sunday. It continued for a long period of time which prevented or outlawed certain types of activities, leisure and restricted retail and sales on that day. o Forbid Sunday drinking, gambling, races o Highly religious and Christian society. They are prohibiting activities that would not be carried out by lower order.
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