Corrections in America An Introduction Eleventh Edition

1. Corrections in AmericaAn Introduction Eleventh Edition Allen, Latessa, Ponder and Simonsen Chapter 1: Early History 2000 B.C. to A.D. 1800

2. Overview • Who are the offenders and what shall we do with them? • Rapid changes in the field of corrections • Large growth in number of offenders

3. Behavior as a Continuum • Proscribed • Prescribed • Folkways • Mores • Laws

4. Figure 1.1The Continuum of Behavior Behavior Laws Mores Folkways Mores Laws

5. Redress of Wrongs • Retaliation • Blood Feud • Vendetta • Retaliation becomes a system of law • Tribal customs • Exchange of money • Or of property • Atonement • Lex salica (or Wergeld) • Rank or social status plays a role • Still in use in some Middle-Eastern Countries

6. Fines and Punishment • Tribal leaders, elders, and, later, Kings play roles in fines and punishments • Exile – first punishment imposed by society

7. Early Codes • Babylonian and Sumerian Codes • Lex talionis (eye for an eye), based on Sumerian Codes (1860 B.C.) • Code of Hammurabi (1750 B.C.) . . . 500 years before Book of Covenant (1250 B.C.) • the first comprehensive attempt at “codifying laws of nations”

8. Greek Codes • The Code of Draco • Concept of public good more important than individual injury or vengeance

9. Codes: cont. Roman Codes • Sixth Century A.D. • Roman Emperor Justinian wrote his “Code of Laws” • “Code of Laws” creates the scales of justice

10. The Middle Ages • Vast changes in social structures and growing influence of the church in everyday life • Sinner had to repay two debts . . . one to society and one to God • Ordeal – substitute for trial

11. Middle Ages:cont. • Concept of Free Will . . . • Responsible for one’s own actions • Concept of crime as an offense against the victim gave way to offense against society

12. Middle Ages: cont. • Wergeld was replaced by: Friedensgeld: administration of punishment became the responsibility of the King

13. Middle Ages: cont.Punishments • Capital = Death! • Corporal Punishment –– any physical pain except death • Often matched with crime • Liars’ tongues cut off • Thieves’ hands cut off

14. Punishments: cont. • Ducking stool • Flogging • Canning . . . or as shown, the Skull Crusher

15. Punishments: cont. • Stocks

16. Punishment: cont. • Pinchers

17. Punishment: cont. • The Grill

18. Punishment: cont. • The Sweatbox

19. Punishment: cont.Instruments of Torture The Bird Cage Prisoners were suspended until they confessed

20. Punishment: cont. • The Pillory

21. Deterrence? • Widespread use of capital and corporal punishment in the Middle Ages was seen as a deterrence

22. Emergence of Secular Law • Conflict arose between Christian philosophers (law made in heaven) and those who supported “Public Good” concepts • St. Augustine (4th Century) recognized the need for justice, but only as decreed by God

23. Concepts of Justice Expanded by Thomas Aguinas (13th century) • By recognizing true laws: • Eternal law (lex eterna) • Natural law (lex naturalis) • Human law (lex humana) • All for the common good

24. Concepts: cont. • Kings and Monarchs tried to detach themselves from divine law • This created great conflict

25. Concepts:cont. • Sir Thomas More (1478-1535) was one of the first to see that prevention may require more than deterrence . . . the foundation of modern criminology and penology • Died on the executioner’s block by not bending to King Henry VIII

26. Concepts: cont. • Punishments were to: • Repay society • Expiate transgressions with God • Did not stop the spread of crime

27. Early Prisons • Detention has been a social institution from earliest of times • Only recently, concept of imprisonment for “punishment in and of itself” established

28. Early Prisons cont. • Romans used offenders as slaves to build the public works infrastructure • Mamertine Prison . . . 64 B.C. (dungeons below the Roman sewers) • After fall of Rome…castles, fortresses, and town gates used as places of confinement

29. Early Prisons: cont. • Christian churches were also used as places of confinement • For transgressions of Canon Law • Penitence (seclusion)

30. Workhouses • Bridewell established 1557 • Created for employment and housing of London’s “riffraff”. Based upon work ethic • Parliament required in 1576 that “Bridewells” be established in every county

31. Workhouses: cont. • Workhouses by the 17th and 18th century were riddled by disease, filth, and near starvation conditions • The concept of “out of sight, out of mind” prevailed

32. The Age of Enlightenment/Reform • Scales of Justice begin to tip toward the state in the 17th and 18th centuries • By the end of the 17th century England still had some 800 executions a year

33. Dawn of the 18th Century • Giants in philosophy recognize the essential dignity and imperfections in human beings

34. Giants: cont. • Montesquieu and Voltaire . . . The French Humanists: • In Montesquieu’s Persian Letters, he revealed to the public the abuses of criminal law • Voltaire challenged in trials, the concept of legalized torture, responsibility, and justice

35. Classical School Established • Casare Beccaria’sAn Essay on Crimes and Punishment is published (1764) • This transitions thinking from punishment to corrections

36. Beccaria: cont. • Beccaria’s main points: • Greatest good for greatest number of people • Crime is an injury to society • Prevention is more important than punishment

37. Beccaria: cont. • No torture, right to speedy trial, to bring forth evidence • Not social revenge, but punishment for deterrence • Punishment to match severity of crime • Property vs. people • Improved facilities and expanded use of imprisonment

38. Beccaria: cont. • Four of his ideas were incorporated into the French Code of Criminal Procedure(1808) and into the French Penal Code of 1810

39. Beccaria: cont. • Beccaria's four points: • Innocent until proven guilty • Right not to self incriminate • Right to employ counsel • Right to prompt and speedy trial and, in most cases, trial by jury

40. Benthamand the Hedonistic Calculus • Advocated graduated penalties to match the crime • Individual’s conduct could be influenced in a scientific manner • Hedonistic Calculus: • More pleasure • Less pain

41. John Howard • Was appointed sheriff in 1773, encountered horrors and was appalled by the conditions in hulks and gaols • Suggested reforms in his State of Prisons (1777) • John Howard Society… linked with reforms

42. Houses of Correction: Workhouses and Gaols • Workhouses were not intended to be a penal institutions, but for the training and care of the poor • In practice, the workhouse and penal institution became synonymous • Gaols (Jails) . . . have a grim and unsavory history

43. Exporting the Problem • England deported offenders to American Colonies and Australia • A form of banishment • American Revolution ended transport to America • Over 135,000 felons were transported to Australia between 1787 and 1875

44. Hulks: A Sordid Episode • Old ships used to confine offenders • Conditions on hulks were worse than gaols and workhouses

45. Early Cellular Systems • Jean-Jacques Vilain’sMaison de Force at Ghent, Belgium • Separated women and children from hardened criminals • All had to work . . . ”If any man will not work, neither let him eat” • Individual cells

46. Cellular: cont. • The “Hospice of San Michele” was one of the first institutions for juvenile boys and youths under twenty • It had separate cells for sleeping and a central hall for work • Silence was required

47. William Pennand the Great Law • American Colonies were governed by codes similar to those in England, with corporal and capital punishment • William Penn, leader of the Quakers, brought the concept of more humanitarian treatment to America, Italy, and England • Great Law: hard labor as punishment rather than death

48. Early Prisons • Simsbury Prison • An abandoned copper mine in Simsbury, Connecticut; became one the earliest state prisons (1773) . . . and produced the first riot in 1774!

49. Early Prisons: cont. • Walnut Street Jail • The first true correctional institution in America was established in 1790 in Philadelphia, Pennsylvania

50. Walnut Street : cont. • Walnut Streetcontinued some of the concepts of the Charter of William Penn (1682) • All prisoners bail-able • Those wrongfully imprisoned could recover double damages