In early American history, crime and punishment was completely different than what it is today. In Colonial times, the punishments would be deemed cruel and unusual punishment in today's world. Given the importance of law and order in society regimented by a strict sense of martial law, however "cruel and unusual" punishments were justified.
Aldutery and fornication were considered very serious crimes. In Virginia, where there were many indentured servants--femnales were often abused by their masters. Not many of the indentured servants brought this to an officials attention for fear of retribution. Those that did tell the officials what their masters did would suffer public humiliation, or even whippings, while their masters paid a fine. In the 1660's, the situation only worsened when African slaves replaced indentured servants, because slaves had no recourse to the court systems.
Punishments between the different colonies varied, and some of the colonies still used forms of punishment that took place in England miming the Middle Ages punishments. Petty crimes were punished by the stocks or the pillory. This was a form of punishment and humiliation because people that passed by would throw fruits, such as tomatoes, at the criminals which might have caused suffocation. In serious crimes, such as felonies, the convicted were hung in front of the entire community. Archeologists even found that, during these hangings it would be turned into a festival of some sort where people enjoyed themselves while watching the punishment occur. Treason carried the punishment of being drawn and quartered. In some cases, banishment from the community was also neccessary, just like Ann Hutchinson in New England.
This went on for nearly two centuries before the laws changed in the 18th century. As the colonies grew in population, colonial laws began to conform to the English common law. Trial by jury replace arbitrary laws, and local courts dealt with petty crimes and misdemeanors. General courts heard the cases involving felonies. Although, many of the older forms of crime in punishment still sat in the public's perspective until the 20th century.
Aldutery and fornication were considered very serious crimes. In Virginia, where there were many indentured servants--femnales were often abused by their masters. Not many of the indentured servants brought this to an officials attention for fear of retribution. Those that did tell the officials what their masters did would suffer public humiliation, or even whippings, while their masters paid a fine. In the 1660's, the situation only worsened when African slaves replaced indentured servants, because slaves had no recourse to the court systems.
Punishments between the different colonies varied, and some of the colonies still used forms of punishment that took place in England miming the Middle Ages punishments. Petty crimes were punished by the stocks or the pillory. This was a form of punishment and humiliation because people that passed by would throw fruits, such as tomatoes, at the criminals which might have caused suffocation. In serious crimes, such as felonies, the convicted were hung in front of the entire community. Archeologists even found that, during these hangings it would be turned into a festival of some sort where people enjoyed themselves while watching the punishment occur. Treason carried the punishment of being drawn and quartered. In some cases, banishment from the community was also neccessary, just like Ann Hutchinson in New England.
This went on for nearly two centuries before the laws changed in the 18th century. As the colonies grew in population, colonial laws began to conform to the English common law. Trial by jury replace arbitrary laws, and local courts dealt with petty crimes and misdemeanors. General courts heard the cases involving felonies. Although, many of the older forms of crime in punishment still sat in the public's perspective until the 20th century.