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Ashanti Callender 7A2ID2
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Some crimes committed in colonial America still exist today. Many crimes thought of as serious during the Colonial Era, would not be thought of as serious today. Public drunkenness and hog theft were considered major crimes. Another major crime was going against the government. In Colonial America, that meant going against the King. Crime in Colonial America
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Colonial Courts The Colonial court system was informal and simple, but still followed the court systems in England. The law was a set of rules made to help with colonial life. There was usually one judge who heard all of the concerns of the colonists. The court was involved with making decisions about social and economic life.
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Fines Physical Punishment Pillory Stocks Whipping Post Ducking Stool Types of Punishment
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Courts awarded fines for many civil crimes. Fines were a way of avoiding crueler punishments. If convicted stealing a hog colonists were fined ten pounds. Fines in Courts
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Physical punishments were often used, for felonies and for the poor, who could not afford to pay fines. A person convicted of hog stealing was lashed twenty- five times on a whipping post. In addition to the ten pound fine, there was a fine of four-hundred pounds of tobacco to be shared by the owner and the informant. Physical Punishments
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Pillory The pillory was used to publicly humiliate a person who committed a crime. The public threw items like fruits and vegetables at the criminal for harmless crimes. For more serious infractions, items such as rocks and other hard items were thrown at the criminal. This punishment lasted from a few hours to several days.
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Stocks The stocks were wooden frames with holes for the criminals’ feet. Stocks were primarily used to hold criminals while awaiting trial. At other times, the public would throw items at them like in the pillory, but the criminals could defend themselves with their hands.
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Whipping Post Whipping was one of the most common punishments handed out by the courts. The wealthy got out of this punishment by paying a fine, but the poor were usually whipped. The whipping post has shackles on the sides of the post. The criminal was strapped to the post and was whipped.
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Ducking Stool This form of punishment was used for minor crimes. The criminal was strapped into a chair and dunked into water.
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During colonial times, a person’s status or social class was the main factor in determining the harshness of their punishment. The two major classes during this time period were the higher class and the servant class. The people in the higher class sometimes received a less harsh punishment for the same crime than a person in the servant class. Social Status
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Colonial law and government differed from the law and government we have today. Our government is more complex and formal. The punishments we have today does not include publicly punishing the criminal. Some of the punishments in Colonial times would be considered cruel and unusual today. Conclusion
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Blomberg, T.G., Lucken, K. (2010). American penology: a history of control. Transaction Publishers, New Brunswick, NJ. http://score.rims.k12.ca.us/score_lessons/colonial_ court/html/colonial.html References
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