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LS101 - Sept.26.doc

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Legal Studies
LS 101
Frances Chapman

LS101 – Sept. 26 26/09/2007 19:59:00 ← ← **Up to 1949, the major court of appeal was the privy court in England – so cases had to be taken there. ← ← PUNISHMENT & INCARCERATION ← ← *exam – particular favourite with prof ← ← HISTORY OF PUNISHMENT • Extremely brutal punishment in England – considering they were crimes that were not that severe • In the 19 century, Canadian juries became increasingly reluctant to use the death penalty – they turned to England to see what current punishments were being used: o Banishment  Being sent out of whatever area you were in  However, people could just return o Local gaols (jails)  Extremely overcrowded and people of completely different levels of crime were put into the same institution  Extremely unhygienic o Fines  Much more severe penalty for poor people o Corporal punishment  Physical punishment  Increasingly viewed as degrading o Pillory  Usually in town squares  Increasingly viewed as degrading o Branding  Increasingly viewed as degrading o Transportation  Usually to one of the British colonies  Difficult to ensure the person didn’t return ← ← Around the 1830’s, there was a big change in that people began to think that publicly humiliating criminals was not the best penalty and that the loss of freedom may be more effective. ← ← PENITENTIARY ← - more “civilized” process inside the Penitentiary walls • Kingston Penitentiary o H.C. Thomson and John Macaulay o Wanted an improvement on the torture in England o Breaking the soul/mind rather than the body o Comes from the word ‘
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