Why did the Bloody Code last so long?

By Justine Nathan

“People who committed crimes were sinful, lazy or greedy and deserved no mercy” – Lord Chief Justice Edward Law (1802 – 1818)

Criminal justice in the 18C was about accomplishing a sense of balance and order. Criminal justice reflected the social changes that were taking place in a period that was undergoing urbanisation and industrialisation.  There was a great desire for continuity in the legal process dealing with criminal activity.  There were no other types of punishments available at that time and during the early parts of the Bloody code transportation and imprisonment was not an alternative.

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The thought processes behind the action of hanging during the Bloody Code were that the harsher the punishment the ultimate result in the reduction of crime.  Therefore  acting as a deterrent.  The hanging was performed as a sort of ritual ceremony in the presence of a priest (the upholder of the ultimate law – god) and large crowds.  The death penalty clearly controlled the criminal and acted as a deterrent.  However, it was obviously by nature steadfast and did not allow for reform of the offender or perfecting of mistakes that had been made.

There was a lack ...

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