The period between 1700 and 1900 saw major transformations in how crimes were punished and how law enforcement was organized and developed.
Development in Law Enforcement
The Fielding Brothers and the Bow Street Runners
One of the earliest efforts to establish a professional system of law enforcement began in the mid-18th century with Henry Fielding, a London magistrate at Bow Street Court in Covent Garden.
Henry Fielding realized that crime in London was increasing due to urbanization and ineffective law enforcement.
In 1749, he established a group of paid constables, later known as the Bow Street Runners.
These men patrolled the streets, investigated crimes, and attempted to arrest criminals, marking a shift from volunteer or community-led enforcement to salaried law officers.
After Henry’s death, his brother John Fielding, who was blind, continued the work:
Known as the "Blind Beak of Bow Street", he was instrumental in expanding the Runners’ effectiveness.
He emphasized intelligence gathering, compiling descriptions of known criminals and sharing information with other towns and cities.
He established a small horse patrol in 1763 to combat highway robbery on the roads leading out of London.
Though the Bow Street Runners were not a formal police force by modern standards, they represented the beginning of a professional approach to policing.
The Move Toward Formal Police Forces
In the early 19th century, the need for a more organized and widespread police presence became clear. The growing urban population, rise in crime, and social unrest prompted the government to act.
Key developments included:
In 1829, Robert Peel, then Home Secretary, established the Metropolitan Police Force in London through the Metropolitan Police Act.
This force initially consisted of 3,200 officers who patrolled the streets in a military-style uniform to be distinct from the army.
These officers, often called “Bobbies” or “Peelers”, were trained, salaried, and expected to patrol regularly.
The police’s primary role was crime prevention through visibility. They were not heavily armed and were encouraged to build public trust.
The success of the Metropolitan Police led to similar forces being created elsewhere:
The Municipal Corporations Act (1835) required towns and cities to set up police forces.
The County Police Act (1839) extended policing into rural areas, although implementation was gradual.
By the 1856 Police Act, all areas of England and Wales were required to have professional police forces, marking the full transition to national policing.
The Founding of the Criminal Investigation Department (CID)
While the initial aim of the police was deterrence and presence, solving crimes remained challenging.
In 1878, the Criminal Investigation Department (CID) was established in London as a separate detective branch of the police.
Officers in the CID wore plain clothes and were trained to use systematic investigative methods, such as gathering evidence and interviewing witnesses.
This marked a significant shift from passive patrolling to active crime solving.
The creation of the CID reflected growing recognition that modern crime required professional detection techniques, laying the foundation for later advances such as fingerprinting and forensic science.
Transformation in Punishment Philosophy
Decline of Public Executions
In the early 18th century, punishment remained public and brutal. Public executions were used as a spectacle to deter crime.
Executions were carried out for a wide range of offenses under the Bloody Code, including theft and property crimes.
Executions were often public events, drawing large crowds.
However, over time, this practice fell out of favor due to several reasons:
Crowd behavior at executions was often unruly, sometimes leading to sympathy for the condemned rather than deterrence.
Public executions did not effectively reduce crime rates.
There was growing concern about their moral impact, especially on children and women.
As a result:
The last public execution in Britain took place in 1868.
Executions were moved behind prison walls, signaling a move toward private and solemn punishment that emphasized reform over fear.
The End of Transportation
Transportation was another key method of punishment between the 18th and early 19th centuries.
Criminals were sent overseas, particularly to America (until the American Revolution) and later to Australia.
This was seen as a way to remove criminals and reduce overcrowding in prisons.
However, several factors led to its end:
The voyage and life in Australia were often not as harsh as intended, and some criminals even prospered.
Public opinion began to turn against the practice, viewing it as ineffective and inconsistent.
Australia itself began resisting transportation, leading the British government to seek alternatives.
Transportation to Australia officially ended in the 1860s, and imprisonment became the dominant form of punishment.
The Phasing Out of the Bloody Code
The Bloody Code was the name given to the harsh legal system in the 18th century, where over 200 crimes were punishable by death.
Crimes that could result in execution included:
Stealing goods worth more than a shilling
Damaging trees or fishponds
Being found armed and disguised in a forest (often targeting poachers)
By the early 19th century, attitudes began to change:
Enlightenment thinking and social reform movements promoted the idea of proportionate punishment.
Judges and juries increasingly refused to convict offenders if the punishment seemed too harsh.
Reformers argued that punishment should aim to reform rather than destroy criminals.
As a result:
The number of capital offenses was gradually reduced.
By 1861, only a handful of crimes—such as murder and treason—remained punishable by death.
This marked a significant humanizing of the justice system and laid the groundwork for modern principles of criminal justice.
Prison Reform and the Role of John Howard
By the late 18th century, prisons were overcrowded, unsanitary, and often run by private individuals who charged inmates for food and basic necessities.
John Howard, a passionate reformer, sought to change this:
In 1777, he published The State of the Prisons, detailing the horrible conditions prisoners endured.
He called for:
Clean facilities
Decent food and water
Regular inspection by magistrates
Separation of prisoners by age, gender, and severity of offense
Howard’s work raised public awareness and influenced later legislation, such as the Gaol Act of 1823, which introduced many of his recommendations into law.
Elizabeth Fry and Female Prison Reform
Elizabeth Fry was a Quaker and a leading advocate for humane treatment of female prisoners, particularly in Newgate Prison.
Her contributions included:
Teaching women prisoners basic literacy and sewing to help with rehabilitation
Campaigning for separation of male and female prisoners
Arguing for the appointment of female wardens to supervise female inmates
Promoting compassion and dignity rather than punishment alone
Her work led to widespread support and influenced prison design and management across the country. She also gave evidence before Parliament and became a public figure associated with moral reform.
The Rise of the Modern Prison System
As alternatives to execution and transportation were sought, the prison system became central to British punishment strategy.
The separate system (prisoners kept in solitary confinement to reflect on their crimes) and the silent system (forced labor in silence) were introduced in the 19th century.
New prisons like Pentonville (opened in 1842) were designed to embody these philosophies (covered in 1.3.3).
The prison system evolved to emphasize:
Rehabilitation
Moral reform
Discipline and order
By 1900, imprisonment had replaced older forms of punishment as the primary method of penal enforcement in Britain.
FAQ
Initially, many people in Britain were suspicious of the idea of a professional police force. They feared it would lead to government oppression similar to the militarized police forces seen in continental Europe, particularly in France. People also valued their individual liberties and were uncomfortable with the idea of constant surveillance. However, rising crime rates in growing cities, especially London, began to change public opinion. The Industrial Revolution had created crowded urban environments where traditional forms of community policing were no longer effective. Robberies, riots, and political unrest led to demands for a more organized response. As the Metropolitan Police demonstrated their professionalism and focus on crime prevention, rather than control, public trust grew. Their use of uniforms, clear rules of conduct, and focus on protecting people and property helped distinguish them from the army. Over time, improved training, accountability, and visible results in crime reduction led to broader support from the public.
Technological developments during this period, especially in the 19th century, significantly enhanced the effectiveness of law enforcement. The expansion of the railway network enabled police forces to travel quickly to different areas, making it easier to respond to crimes outside their local jurisdictions. This was vital in coordinating responses to serious crimes and capturing criminals attempting to flee. The use of the telegraph, particularly in the latter half of the 19th century, allowed police departments to communicate rapidly across large distances. This helped to coordinate efforts, share intelligence, and issue alerts about wanted individuals. Police record-keeping also improved due to advances in printing technology, enabling the creation and distribution of printed “wanted” posters and criminal registers. Although fingerprinting and forensic science were not yet in widespread use, these technological innovations laid the groundwork for more modern investigative methods. They allowed the police to become more proactive, organized, and responsive across the country.
During the 19th century, changing views about crime and punishment led to a growing belief in the importance of rehabilitation over mere deterrence or retribution. Reformers and religious groups argued that criminals could be morally reformed through discipline, reflection, and education. These views influenced the design and function of new prisons, such as Pentonville Prison, which was built using the separate system. This system aimed to isolate prisoners to encourage self-reflection and repentance. Religious instruction, literacy classes, and structured routines were introduced as tools for reform. Additionally, the idea that prison should not only punish but also prepare inmates for reentry into society gained traction. Philanthropists like Elizabeth Fry emphasized the need for dignity and compassion, especially for women and children. As a result, prisons became more standardized, with rules about hygiene, food, and labor. These reforms marked a clear departure from the squalid, neglectful prisons of the 18th century, signaling a shift in penal philosophy.
The early Metropolitan Police Force, founded in 1829, faced significant criticism. Many Londoners were skeptical of the idea of a state-run police force, fearing it would infringe on their freedoms or become a tool of political repression. Critics also questioned the reliability and background of early recruits, many of whom were poorly paid and came from lower-class backgrounds. There were accusations of corruption, drunkenness, and misconduct in the early years. Some officers failed to meet standards and were dismissed. The police were often unpopular when dealing with protests or enforcing unpopular laws, such as those against public assembly or drunkenness. To address these criticisms, strict codes of conduct were introduced, and officers were required to wear distinct uniforms, including top hats and blue coats, to distinguish them from the military. They were also held to professional standards, including regular patrols, daily reporting, and discipline for misconduct. Over time, improvements in training, wages, and supervision helped the Metropolitan Police gain public respect and credibility.
In the early 18th century, the goals of punishment were primarily retributive and deterrent. Punishments were often public, physical, and harsh, aiming to instill fear in others. Examples included hanging, branding, and transportation. The Bloody Code, which mandated the death penalty for a wide range of crimes, reflected this attitude. However, by the late 18th and throughout the 19th century, Enlightenment thinking and social reformers began challenging these ideas. There was increasing recognition that such methods were both ineffective and inhumane. The emphasis shifted toward reformation and rehabilitation, particularly with the rise of the prison system. The influence of reformers like John Howard and Elizabeth Fry introduced ideas about sanitation, morality, and education in prisons. Punishments became more systematic, private, and centered on the individual, aiming to prevent future crimes by changing behavior rather than just inflicting pain. This shift reflected broader societal changes in views on justice, morality, and human potential.
Practice Questions
Explain one way in which law enforcement changed in Britain between 1700 and 1900.
One significant change in law enforcement between 1700 and 1900 was the development of a centralized police force. In 1700, law enforcement relied heavily on local watchmen and constables with little training or structure. By 1829, the creation of the Metropolitan Police by Robert Peel introduced full-time, uniformed officers who patrolled London systematically. This was a major shift toward a professional and preventative policing model. Over time, this model spread across the country, culminating in the 1856 Police Act, which required all counties to establish police forces, leading to a more organized and consistent approach to maintaining law and order.
Explain one reason why the use of public executions declined during the 19th century.
One reason for the decline in public executions during the 19th century was their failure to effectively deter crime. Instead of promoting fear and obedience, public executions often attracted unruly crowds who sympathized with the condemned, turning the event into entertainment rather than a solemn warning. Additionally, social reformers argued that such spectacles encouraged immorality and violence. These concerns, combined with changing views on punishment—shifting toward rehabilitation rather than fear—led to the 1868 decision to move executions inside prisons. This change reflected a broader shift in penal policy toward more private, controlled, and humane methods of punishment.
