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History · Crime, punishment and law enforcement in recent times

Changing Views: Attitudes and the Law

How changing attitudes in society made some actions legal and others criminal - and how Britain treated conscientious objectors in two world wars.

  • c1900-present
  • 6 key terms
  • All boards
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Teacher resources

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Student handouts

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What Do You Already Think?

Answer before the lesson, then check your ideas at the end.

  • Can something be a crime one year and legal the next?

    Yes - when society's attitudes change, Parliament changes the law.

  • Name something that was legal in 1950 but is a crime today.

    Drink driving, racial discrimination, marital rape, using a hand-held phone while driving.

  • Name something that was a crime in 1950 but is legal today.

    Homosexual acts between men, and abortion in most circumstances.

Learning Objectives

  1. 1Explain how changing attitudes led to some actions being decriminalised.
  2. 2Explain how changing attitudes led to new crimes being created.
  3. 3Compare the treatment of conscientious objectors in the First and Second World Wars.

Setting the Scene

In the twentieth century British society changed faster than ever before. Attitudes to sexuality, race, gender, drugs and driving shifted, and the law followed. Some actions were decriminalised; others became crimes for the first time. What counts as a crime depends on what society and Parliament think is harmful.

  1. 1916 Conscription is introduced; conscientious objectors must face tribunals.
  2. 1965 The first Race Relations Act makes racial discrimination in public places illegal.
  3. 1967 Homosexual acts between men over 21 in private are decriminalised; the Abortion Act passes; the breathalyser is introduced.
  4. 1971 The Misuse of Drugs Act sorts drugs into classes A, B and C.
  5. 1991 Rape within marriage is recognised as a crime.
  6. 1998 The Crime and Disorder Act creates racially aggravated offences.

Decriminalised and Criminalised

No longer crimes

  • Homosexual acts between men in private (from 1967).
  • Abortion in many circumstances (Abortion Act 1967).
  • Attempting suicide (Suicide Act 1961).

New crimes

  • Racial discrimination and race hate crime (from 1965 and 1998).
  • Drink driving (breathalyser from 1967).
  • Rape within marriage (from 1991).
  • Using a hand-held phone while driving (from 2003).

Why Attitudes Changed

The law changed because society changed.

  • Tolerance

    After the 1960s many people became more tolerant of private behaviour that harmed no one else.

  • Equality

    Campaigns for the rights of women and ethnic minorities led to laws against discrimination and hate crime.

  • Safety

    New technology, especially cars, created new dangers that the law had to address, such as drink driving.

  • Campaigners

    Pressure groups and individual MPs pushed for changes to laws they saw as unjust.

Conscientious Objectors in the First World War

Refusing to fight became a legal issue when conscription began.

  • Conscription

    The Military Service Act of 1916 made single men aged 18-41 liable to fight.

  • COs

    Around 16,000 men refused to fight on grounds of conscience; they were called conscientious objectors.

  • Tribunals

    Objectors had to prove their case at tribunals, which were often hostile and rejected most applications.

  • Treatment

    Some accepted non-combat roles; "absolutists" who refused everything were imprisoned, and some faced harsh treatment, including being sent to France where they could be shot for disobeying orders.

Conscientious Objectors: WW1 and WW2

The treatment of objectors changed a great deal between the wars.

  • Number of COs

    Second World War: Around 16,000. Around 60,000

  • Tribunals

    Second World War: Often hostile; most applications rejected. More understanding; many exemptions granted

  • Alternatives

    Second World War: Non-combat roles or work centres. Civilian work such as farming, firefighting or bomb disposal

  • Prison

    Second World War: Many absolutists imprisoned, some harshly. Far fewer imprisoned

  • Public attitude

    Second World War: Widely seen as cowards. Still some hostility, but more tolerance

Summary & Exam Focus

  • Changing attitudes led Parliament to decriminalise some actions and criminalise others.
  • Homosexuality and abortion were decriminalised in 1967.
  • Race hate, drink driving and marital rape became crimes.
  • Conscientious objectors were treated far more tolerantly in WW2 than in WW1.

Exam focus

Explain one way in which the treatment of conscientious objectors in the First World War was different from their treatment in the Second World War. (4 marks) (4 marks)

Name one clear difference, then support it with specific detail from both wars.

Key terms

The vocabulary this lesson expects you to use. Each one is linked from the first place it appears above.

Decriminalise
To make something no longer a crime.
Conscription
Making people join the armed forces by law.
Conscientious objector
Someone who refuses to fight for reasons of conscience.
Tribunal
A special court that decided whether an objector's case was genuine.
Absolutist
A conscientious objector who refused to do anything to help the war effort.
Hate crime
A crime motivated by prejudice, for example against someone's race or religion.

Questions and answers

9 questions set on this lesson, with the mark schemes and model answers open.

1. Exam question Explain one way 4 marks Foundation

Explain one way in which the treatment of conscientious objectors in the First World War was different from their treatment in the Second World War.

Mark scheme — 4 marks available

  • A valid difference identified — 1-2 marks
  • Supported with specific knowledge of both wars — 3-4 marks

Model answer

In the First World War, tribunals were often hostile and rejected most applications, and many "absolutists" who refused all war work were imprisoned; some were sent to France, where they could be shot for disobeying orders. In the Second World War, tribunals were more understanding and many objectors were allowed to do civilian work instead, such as farming, firefighting or bomb disposal, so far fewer were imprisoned. So the difference is that objectors were treated much more tolerantly in the Second World War.

2. Exam question Explain why 12 marks Stretch

Explain why there were changes in the definition of crime in the period c1900-present. You may use the following in your answer: the Sexual Offences Act (1967); drink driving. You must also use information of your own.

Mark scheme — 12 marks available

  • 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 changing attitudes to private behaviour. After the 1960s many people became more tolerant of behaviour that did not harm others, and campaigners argued that it was wrong to criminalise people for their private lives. The Sexual Offences Act of 1967 decriminalised homosexual acts between men over 21 in private, and the Abortion Act of the same year allowed legal abortion in many circumstances. A second reason was new technology, especially the car. As car ownership grew, so did deaths on the roads, and drink driving came to be seen as a serious danger. The breathalyser was introduced in 1967, making it possible to enforce a legal alcohol limit, and later using a hand-held phone while driving became a crime in 2003. A third reason, beyond the stimulus, was the campaign for equality. Campaigns for the rights of ethnic minorities and women led to new crimes: the Race Relations Act of 1965 made racial discrimination in public places illegal, the Crime and Disorder Act of 1998 created racially aggravated offences, and rape within marriage was recognised as a crime in 1991. The definition of crime changed because society's idea of what was harmful changed.

3. Exam question How far do you agree? 16 marks Stretch

"Changing attitudes in society were the main reason for new definitions of crime in the period c1900-present." How far do you agree? Explain your answer. You may use the following in your answer: race hate crime; cyber crime. You must also use information of your own. (16 marks, plus 4 for spelling, punctuation, grammar and specialist terminology)

Mark scheme — 16 marks available

  • 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 decriminalise and hate crime

Model answer

On the one hand, changing attitudes were very important. Greater tolerance led to homosexuality and abortion being decriminalised in 1967. Campaigns for equality led to new crimes: the Race Relations Act of 1965 outlawed racial discrimination, and the Crime and Disorder Act of 1998 created racially aggravated offences, so race hate crime became a specific crime. Changing views of women's rights led to rape within marriage being recognised as a crime in 1991. On the other hand, new technology created many new crimes too. The spread of the car led to new motoring offences, from drink driving - enforced by the breathalyser from 1967 - to using a hand-held phone while driving in 2003. The growth of computers and the internet created cyber crime, and the Computer Misuse Act of 1990 made hacking a crime. These crimes existed because new technology created new opportunities, not because attitudes changed. Overall, changing attitudes were the main reason for changes in which behaviours were seen as wrong, but technology was the main reason for the creation of completely new types of crime. The best judgement is that both were important, with attitudes explaining decriminalisation and equality laws, and technology explaining motoring and cyber crime.

4. Multiple choice 1 mark Core

What did the Sexual Offences Act of 1967 do?

  1. A Created the crime of hate speech
  2. B Decriminalised homosexual acts between men in private Correct
  3. C Introduced the breathalyser
  4. D Made rape within marriage a crime

Why: It decriminalised homosexual acts between men over 21 in private in England and Wales.

5. Multiple choice 1 mark Core

What was a conscientious objector?

  1. A Someone who refused to fight for reasons of conscience Correct
  2. B A soldier who deserted the army
  3. C A spy working for the enemy
  4. D A judge at a military tribunal

Why: Someone who refused to fight in a war for reasons of conscience, often religious or moral.

6. Multiple choice 1 mark Core

When was conscription first introduced in Britain?

  1. A 1900
  2. B 1914
  3. C 1916 Correct
  4. D 1939

Why: The Military Service Act of 1916 introduced conscription during the First World War.

7. Multiple choice 1 mark Core

In which war were conscientious objectors treated more tolerantly?

  1. A The First World War
  2. B Both were treated the same
  3. C Neither war had conscientious objectors
  4. D The Second World War Correct

Why: In the Second World War, tribunals were more understanding and many objectors did civilian work instead.

8. Multiple choice 1 mark Stretch

When was rape within marriage recognised as a crime?

  1. A 1967
  2. B 1991 Correct
  3. C 1916
  4. D 2003

Why: In 1991, when a court ruled that a husband could be guilty of raping his wife.

9. Multiple choice 1 mark Foundation

What did the breathalyser, introduced in 1967, help police to enforce?

  1. A The drink-driving limit Correct
  2. B Speed limits
  3. C Drug laws
  4. D Seat belt laws

Why: The legal alcohol limit for drivers, making drink driving easier to prove.