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Changing Attitudes About Crime & Punishment

Students may have the misconception that attitudes regarding criminal activity have not changed over time. An investigation into colonial crimes and their customary punishments can be quite enlightening. Students may be surprised to learn that actions such as lying or not attending church drew punishments that may seem extreme by our modern standards. They may not realize that some of these punishments remained in effect until after the United States was formed. It was not until 1791 that the Eighth Amendment to the U.S. Constitution prohibited "cruel and unusual punishments."

In this lesson, students will ponder modern-day crimes and punishments to see how the Eighth Amendment affected how crimes are punished. As an assessment activity, students will make a four-fold booklet listing several crimes and their punishments from three different time periods. The fourth section will be a place for students to predict the future of crime and punishment. This booklet can then be used as a tool to compare and contrast the perception of crime and punishment then and now.

Strategy:

Divide the class into small groups of 4-6 students. Brainstorm with the class a list of modern crimes and punishments. To facilitate the brainstorming process, have students write a list of any crimes and punishments they can think of without talking to the other members of their group. Then have the small groups compile a list of each individual group member's ideas. Conduct a class discussion and list the small groups' responses on a piece of chart paper or the chalkboard. Add any additional offenses that you feel should be on the list.

Have the small groups read the Colonial Crimes and Punishments handout and the 1782 Crimes and Punishments handout and compare the two. Ask students why they think there are differences. (See this month's feature article for images of the various punishments. Note: Some portions of this article are not appropriate for students.) Display the Eighth Amendment to the U.S. Constitution on the board and discuss its meaning. The amendment reads: "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." Have the groups read the Present-Day Crimes and Punishments handout. Ask students what they can infer about changing attitudes toward crime and punishment over time in America.

Give students a piece of construction paper and show them how to make a four-fold booklet. The title "Crime and Punishment" can extend across the front, and each section should be labeled as follows:

Tab 1: Colonial Times
Tab 2: 1782
Tab 3: Present Day
Tab 4: Future
Have students select 3-5 of the crimes and punishments from the first three time periods and write them under the appropriate tabs. Then have students predict what actions might be considered crimes in the future and what the punishments might be.