Punishment and Law – From China

to AmericaBy Emily Young

Spring 2010

Punishments in Colonial Times

Branding

Branding was just one of the punishments that people were sentenced

to in colonial times. You would have a T branded on you if you were a thief, a M if you committed

manslaughter.

Branding

The branding irons would be put over stoves to heat. The branding irons would be in the shape of letters.

The letter that the person was branded with would be the first letter of their crime.

People could be branded on the hands, cheeks, shoulders, and foreheads.

The Pillory- “Stretch Neck”

The stocks was another punishment that they used in colonialtimes. The stocks would be for hands and the head or the feet. The stocks would be next to the court house. When people were in the stocks, other people would throw food and other things at them. It

was very embarrassing. Some of the crimes that people would get put in the pillory for were wife beating, witchcraft, and drunkenness.

Hanging

Hanging would happen outside of town.

When the hanging was over, the victim’s body would be driven away on a cart to be buried.

“Crime and Punishment In

Colonial America”

http://www.youtube.com/watch?v=m-ZxjKWyZ9E

Slave Punishments in America

Punishment Facts For Slaves

Slaves had no protection from their “masters”. Their “masters could do anything they wanted to their slaves.

The overseer (the person watched over the slaves and made sure they did their work) or the “master” would

carry out the punishments. Occasionally the wife of the “ master” would carry out the punishment.

Slaves were not punished if they did what they were told. Sometimes this was hard because it meant betraying a

friend or family member.

If slaves ran away they were chased by dogs.

Beatings

Beatings were carried out with all kinds of things, a chain, a broom, a stick, sheers, tongs, a shovel handle, the heavy head of a slipper

( usually women did this), and a club.

The wife of the “master” or the “master” would carry out the beatings.

The beatings would be on the hands, feet, and other parts of the body.

Whipping

Whipping is probably the most often heard of punishment for slaves.

The “masters”, overseers, and “masters” wife's whipped slaves to control them.

Different lashes were given depending on what the slave did.

It did not matter if the slave was a man or a women, they were still whipped.

Punishments For Slaves

Branding was another punishment for slaves.

In Virginia, one punishment for slaves was to smoke them in the tobacco smoke house or whip them and then put them in the tobacco smoke house.

This was called “Smoking Slaves”.

Some slaves were burned alive.

Slaves were sometimes rolled down a steep hill in a box with a nail very near to the slave.

One other punishment was death. This sometimes happened when a punishment was carried out too

harshly.

More Slave Punishments

Slaves could be forced to go under water.

Slaves could be sold, “masters” also used this as a threat.

Slaves could be kicked or tied up.

They could be Tarred and Feathered which means that they were put in hot tar and then in lots of feathers, making them look like a chicken. This was also used in Colonial Times.

Slaves were whipped, hit by paddles, or have part of their body cut off if they were caught running away.

Ancient Chinese Law

Legalism Han Fei created legalism.

Legalism was harsh and almost everyone got a punishment.

Every nation tried legalism but most of them changed.

China could not compare their laws to other nations laws because they did not interact with other nations.

2200 years ago legalism worked because everyone was to scared to break the law because of the harsh punishments.

If someone committed a little crime they got a big punishment and if someone committed a big crime, they got

a HUGE punishment.

When the punishments were carried out on people, other people could watch but nobody did because they were too

afraid of the harshness.

Legalism lasted from 200 B.C. – 1800s.

The Trial The prisoner kneeled in front.

The prisoner was guilty until proven innocent which is the opposite of what we have today.

The prisoners were tortured if they were guilty, they were tortured if the answers to the questions that he or she was asked were not clear, and they were tortured if

the prisoner insisted that they were innocent.

If the witnesses stood up they could be tortured.

The judge stood behind a red table.

What Different People Thought about Ancient Chinese Law

Confucius 551 – 479 B.C.

Confucius’ philosophy was “Low reliance on law and harsh punishment.”

He left it up to the people to think about what they were doing and to make sure that they thought it was all right.

He thought that there should not be many punishments and not many laws.

He thought that if people follow rules because of fear (legalism), people will lose respect for themselves. If you lead

by example, people will respect themselves.

Han Fei 280- 233 B.C.

Han Fei liked legalism.

He brought back legalism.

He did not agree with Confucius.

He promoted harsh laws and punishments.

Ancient Chinese Punishment

Ancient Chinese Punishment Facts

Ancient Chinese punishment was very harsh. It was harsh because of

legalism.

It was torture.

If a man was a king or if a man was poor, they still got the same

punishment.

The Different Punishments

A person could have a tattoo forced on their body that looked like the crime they committed.

A person could have skin removed until dead.

A person could be beaten by bamboo.

A person could have their eyes burned.

The Different Punishments

A person could be forced into a cage.

A person could be made to sit with something around his head. This was called

a cangue.

The Different Punishments

Could be chained to a block.

Could have legs cut off.

Could be forced to walk in a parade with their hands tied. This was called a death walk. If the prisoners refused this, they died

The Cutting of the Body

Confucius introduced detail, this came in handy when the Chinese cut a person up.

The jailer would cut a person up in a certain order, the law required it. First the eyebrows, then the

shoulders, etc.

The Chinese recorded when they cut the person up, how much each body part weighed, and the

measurements of the body parts.

The Chinese thought that detail was important.

A person could be cut up into 8, 24, 36, 72, or 120 pieces.

The End