A Brief History of Punishment

1. A Brief History of Punishment

2. What is Punishment? • Stanford Encyclopedia of Philosophy: “The authorized imposition of deprivations (freedom or privacy or goods to which a person has a right) or imposition of burdens- because a person has been found guilty of some criminal violation, typically involving harm to the innocent.”

3. Primitive Society • Punishment is left to the individuals wronged or their families. • Usually was vindictive or retributive, the punishment would bear no relation to the gravity of the offense.

4. Development of “Proportional Punishment”: • “Eye for an Eye” punishment. • Evolves into punishment of an individual by the state. • Evolves into “The Rule of Law,” where crimes and punishments are codified.

5. Deterrent Punishment • Predominantly seen in the Middle Ages up until the 1900s. • Crimes were punished through violence, often in public, so that the punishment deterred others from committing crimes.

6. The Humanist Movement • Developed in the 1800s by Jeremy Bentham. • Movement to do away with “Painful” punishments. • Emphasis on reforming the criminal. • First time that circumstances and conditions are taken into account when considering punishment.

7. Incarceration • Is a relatively modern method of punishment, having been only widely used over the past 200 years or so. • Not widely used in earlier times because… • Seen as “protecting society” from the criminal while still recognizing the “value of the life of the criminal.”

8. Types of Punishments • Judicial Punishment: Imposition of Fines or Loss of Income, restriction of rights, etc. • Physical/Corporal Punishment: Imposition of pain or discomfort or death upon the criminal.

9. Reasons for Punishment • Deterrence: Dissuade someone from wrongdoing in the future. • Usually takes the form of physical punishment. • Hope is that the benefit gained from the offense will be outweighed by the cost of the punishment. • Some Flaws in this Theory….

10. Reasons for Punishment, Part II • Rehabilitation: Reform the wrongdoer so that they do not commit the offense in the future. • Goal is to change the attitude of the offender.

11. Reasons for Punishment, Part III • Incapacitation: Physically prevent the offender from interacting with the members of society. • Seen as “Protecting the Population.” • Usually used with the most violent offenders.

12. Reasons for Punishment, Part IV • Restoration: The Offender must “Right The Wrong”: • Usually used in more minor offenses. • Fines, compensation, etc., seeks to make the offended party whole again.

13. Reasons for Punishment, Part V • Retribution: The practice of “Getting Even” with the Offender. • Offender must get “what he deserves” but no more. • Problems with this theory….

14. A Pictorial History of Punishment

15. Beheading

16. Burning at the Stake

17. The Chair of Spikes

18. Drawn and Quartered

19. Caning

20. Flogging

21. Hanging

22. The Ordeal of Fire

23. The Ordeal of Water

24. The Heretic Fork

25. The Rack

26. Stoning

27. Trial by Combat

28. The Pillory (with a bonus Flogging)

29. The Stocks

30. The Neck Violin

31. Whirligig

32. The Pear

33. Your Assignment: “A Punishment Story” • In groups of two or individually, select a form of exotic punishment, as outlined in our lecture or of another sort, if you wish. • Research the punishment, how was it developed, how was it carried out, who used it, etc. • Research a victim of the punishment in question, find out the story behind the crime, the type of punishment given and specific descriptions of the punishments. • Be prepared to present your information to the class in the form of a re-enactment, slide presentation, dramatic reading, etc.