British Criminal Systems: The 1860's

Artifact: The Criminal Prisons of London and Scenes of Prison Life (1862) by Henry Mayhew

"Convicts Exercising at Pentonville Prison", Image from The Criminal Prisons of London and the Scene of Prison Life (1862) by Henry Mayhew 

"The Chapel, on the 'Separate System,' in Pentonville Prison, During Divine Service," Image from The Criminal Prisons of London and the Scene of Prison Life (1862) by Henry Mayhew
  

Henry Mayhew, famed for his editorship of the popular satirical magazine Punch as well as his interest in social welfare, published The Criminal Prisons of London and Scenes of Prison Life in 1862. The book featured accounts from current inmates of London’s prisons as well as statistical data about the police force and illustrations of day-to-day life while incarcerated.

The Act of "Othering" and British Imperialism:

Edward Said’s Orientalism explains the European act of “othering” those from the East. For the Europeans, Orientalism was “a political vision of reality whose structure promoted the difference between the familiar (Europe, the west, ‘us’) and the strange (the Orient, the East, “them”), (Said, 43). Creating “us” and “them” labels resulted in a hierarchical relationship between the West and the East. Said’s work also explained how Orientalism succeeded in grouping all from the East into one overarching categorized group. This was due to the common belief that all “Orientals were almost everywhere nearly the same” (Said, 38). Robert Knox’s theories of polygenism also contributed to these theories as he argued that those of different races came from different origins. Polygenism supported the act of othering because it described an actual biological difference between races.

As an outcome of "othering" those from the East, certain binaries emerged that defined each group. The Europeans were commonly noted for their, “clarity” and “directness,” emphasizing the “nobility of the Anglo-Saxon race” (Said, 39). They are also described as “rational, virtuous, mature, ‘normal’ (Said, 40). The Orientals on the other hand are described as the Europeans opposites. They are defined as being “liars, they are ‘lethargic and suspicious” (Said, 39). Other common words used to describe them are, “irrational,” “depraved,” “childlike,” “different,” “savage,” “cruel,” “thievish,” “murderous,” “beastly,” and even “diabolical” (Said 40, Dickens 1-2).

The Act of "Othering" Criminals:

During the 1860’s, some anthropological study was dedicated to discovering the underlying characteristics which made people predisposed to become criminals. Much of this work was done by David Nicolson, a prison doctor in a London penitentiary. Nicolson’s work led him to believe that criminals were in fact physically and mentally different from the general populous. Generally, he considered them to be more “animal like”, both physically and mentally. His studies created a specific type of prejudice against those who were of a lower class and more largely built, as well as justifying many racists values held by the middle and upper class. "Othering" prisoners and defining them by certain homogeneous characteristics fueled imperialist views of the East.

Examples from The Moonstone:

In the Moonstone we see examples of the ways in which criminal systems create binaries between prisoners and the police. Mr. Seegrave is one example as he is described as “tall and portly, and military in his manners. He had a fine commanding voice, and a mighty resolute eye (Collins, 142). It was said that “‘I’m the man you want!’ Was written all over his face” (Collins, 142). Such a description indicates the hierarchical power Sergeant Seegrave’s holds as a sergeant. The book also outlines the power in which upper-class Europeans held within the judicial system as well as the poor treatment foreigners were subjected to by it. Every “human institution (Justice included) will stretch a little, if you only pull it the right way. The worthy magistrate was an old friend of my lady’s - and the Indians were ‘committed’ for a week, as soon as the court opened that morning” (Collins, 141-142). Even though the Indians were innocent, they were put into jail because they were not European and automatically suspected of being criminals. In the case of The Moonstone, stereotypical views of criminals and Orientals intermix to show the overall bias held over people during the Victorians. This quote also shows the unfair pull upper class citizens with connections had in regards to the criminal system.

Examples from Jane Eyre:

In, The Criminal Prisons of London and Scenes of Prison Life by Henry Mayhew, there is a picture depicting a male and female prisoner. The female prisoner is drawn based on the stereotypical view of criminals during the 1860’s. However, interestingly enough, descriptions of Bertha Mason from Jane Eyre seem to conjure an image that is very similar to the depiction of the female prisoner. Bertha is described as “A woman, tall and large, with thick and dark hair” (Bronte, 370). The work also refers to her, “bloated features” and says that “The lips were swelled and dark; the brow furrowed” (Bronte, 381-371). These descriptions match the image below surprisingly well. What this suggests is that Bertha was “othered” and defined based on her non-European origin just as prisoners were described and “othered” based on their criminality.

"Convicts," Image from The Criminal Prisons of London and the Scene of Prison Life (1862) by Henry Mayhew

Questions for Discussion: 

1. How does Sergeant Cuff’s character undermine the “us” and “them” hierarchy between prisoners and the police?
1. How does The Moonstone dismiss Sergeant Cuff’s character and ideas?
   
2. In Jane Eyre, is Bertha truly a criminal, or a victim of circumstance? How does the text create controversy between these two extremes?
   
3. Are there any parallels between Mayhew’s observations and our current judicial system?

Works Cited:

• Davie, Neil. “A "criminal Type" in All but Name: British Prison Medical Officers and the "anthropological" Approach to the Study of Crime (c.1865-1895)”. Victorian Review 29.1 (2003): 1–30. Web.
• Dickens, Charles. "The Noble Savage." Household Words 17.168 (n.d.): 337-39. Web. 11 June 1853.
• "Henry Mayhew (1812-87)." Brought to Life: Exploring the History of Medicine. Science Museum. Web. 06 Mar. 2016. <http://www.sciencemuseum.org.uk/broughttolife/people/henrymayhew>.
• "The Criminal Prisons of London by Henry Mayhew." The British Library. British Library Board. Web. 06 Mar. 2016.  <http://www.bl.uk/collection-items/the-criminal-prisons-of-london-by-henry-mayhew>.
• "Henry Mayhew (1812-87)." Brought to Life: Exploring the History of Medicine. Science Museum. Web. 06 Mar. 2016. <http://www.sciencemuseum.org.uk/broughttolife/people/henrymayhew>.
• Knox, Robert. The Races of Men: A Fragment. Miami, FL: Reprinted by Mnemosyne Pub., 1969. Print.
• Said, Edward W. Orientalism. New York: Vintage, 1979. Print.