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Prisons and Reforms - Teacher Notes.docx

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EDEXCEL GCSE HISTORY · PAPER 1 · CRIME & PUNISHMENT

Prisons and Reforms

c1900-present · Chapter 4: Crime, punishment and law enforcement in recent times, c1900-present · Lesson 3 of 4

Teacher copy - includes the notes for whoever is teaching from it.

Learning Objectives

1. Describe how prisons and punishment changed after 1900.

2. Explain the changes in how young offenders were treated.

3. Evaluate alternatives to prison, such as community sentences and restorative justice.

Setting the Scene

By 1900 prison was the main punishment for serious crime. Over the twentieth century the aim of punishment shifted further towards rehabilitation - helping offenders change so they would not reoffend - and towards keeping young people and first-time offenders out of prison altogether.

1907 - The Probation of Offenders Act lets offenders serve their sentence in the community. | 1908 - The Children Act sets up juvenile courts; the first borstals open for young offenders. | 1936 - New Hall, the first open prison, opens. | 1948 - The Criminal Justice Act abolishes hard labour, penal servitude and flogging. | 1972 - Community service orders are introduced. | 1982 - Borstals are replaced by youth custody centres.

Changes in Prison

Prisons became less harsh, and focused more on changing offenders.

▸ Harsh methods end. The Criminal Justice Act of 1948 abolished hard labour, penal servitude and flogging.

▸ Education and work. Prisoners were given the chance to learn skills and gain qualifications.

▸ Open prisons. From 1936 low-risk prisoners could serve time in open prisons with few locks, preparing them for release.

▸ Numbers. Despite reforms, the prison population has grown, to over 80,000 in recent years.

Young Offenders

Young people came to be treated differently from adults.

▸ Juvenile courts. The Children Act of 1908 created separate courts for under-16s.

▸ Borstals. From 1908, borstals held young offenders aged 16-21, with strict discipline, education and training.

▸ Replacement. Borstals were replaced by youth custody centres in 1982, and later by young offender institutions.

▸ Aim. To stop young people becoming hardened criminals by keeping them apart from adult prisoners.

A Borstal Institution

The first borstal institution opened at Borstal in Kent, and the Prevention of Crime Act of 1908 set up a national system. The aim was to train young offenders so they could lead honest lives.

Borstal life

▸ Discipline. Strict routines and physical exercise.

▸ Training. Trades such as carpentry and farming.

▸ Education. Lessons to improve reading and writing.

[picture could not be placed]

Young offenders at a borstal, early twentieth century.

Early twentieth-century photograph; public domain copies on Wikimedia Commons or a prison history archive.

Alternatives to Prison

Punishments that keep offenders in the community.

Probation

From 1907 offenders could be supervised by a probation officer instead of going to prison.

Community service

From 1972 offenders could be ordered to do unpaid work in the community.

Electronic tagging

Offenders wear a tag that tracks where they are, allowing a curfew at home.

Restorative justice

Offenders meet their victims, hear the harm they caused and try to make amends.

Does Prison Work?

ARGUMENTS FOR PRISON

ARGUMENTS AGAINST PRISON

▸ Protects the public from dangerous criminals.

▸ Punishes offenders - retribution.

▸ Deters others from committing crime.

▸ High rates of reoffending after release.

▸ Expensive to run.

▸ Can make offenders more criminal.

▸ Community sentences can be cheaper and more effective.

Key Terms

Rehabilitation

Helping an offender change so they do not reoffend.

Probation

Supervision of an offender in the community instead of prison.

Borstal

An institution for young offenders, 1908-1982.

Open prison

A prison with few locks for low-risk prisoners.

Community service

Unpaid work in the community as a punishment.

Restorative justice

Offenders meet victims to understand the harm and make amends.

Electronic tagging

A device worn by offenders to track their location.

Summary

✓ Punishment moved towards rehabilitation after 1900.

✓ Young offenders were treated separately, in juvenile courts and borstals.

✓ Hard labour and flogging were abolished in 1948.

✓ Alternatives such as probation, community service and restorative justice keep offenders out of prison.

 

EXAM FOCUS

Explain why there were changes in the treatment of young offenders in the period c1900-present. (12 marks)

Explain the reasons for change - the idea of rehabilitation, protecting young people from hardened criminals - and support each with specific examples.

Exam Practice - Prisons and Reforms

Answer all questions. Use specific names, dates and examples in every answer. · 35 minutes

▸ Question 1 · 4 marks · Explain one way. Explain one way in which the treatment of young offenders in the early twentieth century was similar to the treatment of young offenders in…

▸ Question 2 · 12 marks · Explain why. Explain why there were changes in the treatment of young offenders in the period c1900-present. You may use the following in your answer…

▸ Question 3 · 16 marks · How far do you agree?. "The main aim of punishment in the period c1900-present has been to rehabilitate offenders." How far do you agree? Explain your answer. You…

Question 1 · 4 marks · Explain one way

“Explain one way in which the treatment of young offenders in the early twentieth century was similar to the treatment of young offenders in the late twentieth century.”

HOW TO ANSWER IT Command word: Explain one way. Worth 4 marks, so plan before writing.

Question 1 · mark scheme

4 marks available. Award a mark for each point made.

▸ A valid similarity identified. 1-2 marks

▸ Supported with specific knowledge of both periods. 3-4 marks

▸ Model answer. In both periods young offenders were kept apart from adult prisoners so that they would not learn from hardened criminals. In the early twentieth century the Children Act of 1908 created separate juvenile courts, and borstals held offenders aged 16-21 with education and training. In the late twentieth century borstals were replaced in 1982 by youth custody centres, which still kept young people separate and aimed to rehabilitate them.

Question 2 · 12 marks · Explain why

“Explain why there were changes in the treatment of young offenders in the period c1900-present. You may use the following in your answer: borstals; the Children Act (1908). You must also use information of your own.”

HOW TO ANSWER IT Command word: Explain why. Worth 12 marks, so plan before writing.

Question 2 · mark scheme

12 marks available. Award a mark for each point made.

▸ Level 1 (1-3). A simple or general answer

▸ Level 2 (4-6). Some explanation of one or more reasons, with some knowledge

▸ Level 3 (7-9). A developed explanation linked to the question, with accurate knowledge

▸ Level 4 (10-12). An analytical explanation of several reasons, with knowledge that goes beyond the stimulus points

▸ Model answer. One reason was the belief that young offenders could be reformed. Reformers argued that young people were not yet hardened criminals and could be taught to lead honest lives. Borstals, set up nationally by the Prevention of Crime Act of 1908, used discipline, education and training in trades such as carpentry and farming to rehabilitate offenders aged 16-21. A second reason was the need to protect young people from adult criminals. Putting young offenders in adult prisons meant they learned from experienced criminals. The Children Act of 1908 created juvenile courts for under-16s, so young people were dealt with separately from the start. A third reason, beyond the stimulus, was changing ideas about which methods worked best. Borstals were criticised for high reoffending and harshness, and in 1982 they were replaced by youth custody centres and later by young offender institutions. Community-based punishments such as community service from 1972 and restorative justice were increasingly used to keep young people out of custody altogether.

Question 3 · 16 marks · How far do you agree?

“"The main aim of punishment in the period c1900-present has been to rehabilitate offenders." How far do you agree? Explain your answer. You may use the following in your answer: open prisons; the prison population. You must also use information of your own. (16 marks, plus 4 for spelling…”

HOW TO ANSWER IT Command word: How far do you agree?. Worth 16 marks, so plan before writing.

Question 3 · mark scheme

16 marks available. Award a mark for each point made.

▸ Level 1 (1-4). A simple or generalised answer

▸ Level 2 (5-8). Some analysis, with a judgement that is asserted

▸ Level 3 (9-12). Analysis of both sides with accurate knowledge and a supported judgement

▸ Level 4 (13-16). Sustained analysis, knowledge beyond the stimulus, and a clear, justified judgement

▸ SPaG (4). Accurate spelling, punctuation and grammar, with specialist terms such as rehabilitation and retribution

▸ Model answer. On the one hand, rehabilitation has been a major aim. Probation from 1907 allowed offenders to be supervised in the community, and borstals from 1908 used education and training to reform young offenders. Open prisons from 1936 prepared low-risk prisoners for life after release. The Criminal Justice Act of 1948 abolished hard labour and flogging, and prisons offered education and training. Community service from 1972 and restorative justice both aim to change offenders' behaviour. On the other hand, other aims have remained important. Prison still exists to protect the public from dangerous criminals and to punish offenders - retribution - and deterrence remains a common argument for tough sentences. The prison population has grown to over 80,000 in recent years, which suggests that punishment and public protection, not only rehabilitation, still drive sentencing. Many politicians and members of the public have called for tougher sentences rather than reform. Overall, rehabilitation has been the most distinctive new aim of the period and has shaped many reforms, but it has not replaced punishment and protection. The best judgement is that punishment in this period has tried to balance several aims, with rehabilitation more important than in any earlier period but not the only aim.