Bloody Code

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The Bloody Code is a term later used to refer to the system of laws and punishments in England from 1400-1850. Although it wasn't called the Bloody Code in its own time, the name was given later because a great deal of crimes were punishable by execution.

There were many reasons why the legal system at that time was so harsh. Firstly, laws were made by the rich. Therefore they ensured that their interests were protected. Any act which threatened their wealth or property was deemed necessary to be criminalised and punishable by death. Secondly, the law was harsh to act as a deterrent. As so many crimes carried the punishment of execution, it was thought that this would prevent people from committing more crimes.

In the years after 1660, the number of offences carrying the death penalty increased from around 50, to 160 in 1750 and to 288 in 1815. Crimes that were punishable by execution at this time included stealing anything worth more than 5 shillings, stealing horses or sheep, writing a threatening letter right through to Arson, Treason and Murder. Despite there being so many crimes punishable by death, it has been estimated that fewer people were hanged in the 18th century than previously before.

The death penalty was removed from Pickpocketing in 1808 and later from many other offences during the 1820s and 1830s. Judges and juries thought that punishments were too harsh for many of the criminals, so they became less inclined to find them guilty in court. Judges would frequently under-value stolen goods so that the accused would no longer face the death penalty. Since the law makers still wanted punishments to scare potential criminals, but needed them to become less harsh, transportation became the more common punishment. Since the United States of America had won independence by this time, the majority of convicts were transported to Australia. It has been estimated that over one-third of all criminals convicted between 1788 and 1867 were transported to Australia and Van Diemen's Land (now Tasmania). Some criminals could escape transportation if they agreed to join the army as a punishment.