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Chapter 11

Chapter 11. History of Control and Punishment. Before there were prisons. Ancient societies did not have a well-defined criminal justice system that dealt with those who violated the law. Before there were prisons. Corporal punishment Economic punishment.

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Chapter 11

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  1. Chapter 11 History of Control and Punishment

  2. Before there were prisons Ancient societies did not have a well-defined criminal justice system that dealt with those who violated the law.

  3. Before there were prisons • Corporal punishment • Economic punishment

  4. Before there were prisonsCorporal punishment • Torture • Flogging • Branding • Mutilation • Humiliation • Shock death

  5. Before there were prisonsEconomic punishment • The galley • Workhouses • Exile and transportation

  6. Prisons in America Prison efforts have been aimed at making the institution more effective, more humane, and more palatable to the public.

  7. Prisons in America • Control in the colonies • Development of the penitentiary • Age of reform • Prison labor and public works • Age of rehabilitation • Retributive era

  8. Prisons in AmericaControl in the colonies • Early penal institutions were under local control and mixed types of offenders. • The idea of incarceration as a sole punishment took time to develop.

  9. Prisons in AmericaDevelopment of the penitentiary1780–1860 In 1829, the state of Pennsylvania opened Eastern State Penitentiary which was characterized by the separate-and-silent system.

  10. Prisons in AmericaDevelopment of the penitentiary1780–1860 The Auburn Prison, opened in New York in 1817, eventually used the congregate-and-silent system.

  11. Prisons in AmericaAge of reform 1860–1900 The Irish System • Alexander Maconochie (marks-of-commendation) • Sir Walter Crofton (ticket-of-leave) • Zebulon Brockway

  12. Prisons in AmericaPrison labor and public works 1900–1930 The idea that work is healthy for both the inmate and society is as old as the prison. Work was deemed beneficial in three ways …

  13. Prisons in AmericaPrison labor and public works 1900–1930 • Work kept inmates occupied. • Work was rehabilitative. • Inmates could offset incarceration costs.

  14. Prisons in AmericaAge of rehabilitation 1930–1970 • Rehabilitation became important because offenders were considered "sick." • Wickersham Commission prescribed reforms. • Federal Bureau of Prisons est. 1930

  15. Prisons in AmericaRetributive era 1970s to present The events of the 1960s caused a number of changes in social institutions. One change was the traditional hands-off policy of the courts.

  16. Prisons in AmericaRetributive era 1970s to present Other changes … • Determinate sentences • Voluntary treatment • Abolition of parole

  17. Capital punishment This extreme form of control is controversial, with individuals and groups voicing opinions on both sides of the issue.

  18. CrossCurrents Capital punishmentKilling them softly • Killing a person can be easier than expending resources on rehabilitation. • The state can show the extent of its power, organization, and control. • The other feature of the pre–20th century death sentence was pain.

  19. Capital punishmentHistorical perspective • A common form of punishment • Public spectacle • Torture was usually involved

  20. Capital punishmentSupporting arguments • Specific deterrence • General deterrence • Just deserts

  21. Capital punishmentArguments against • Religious considerations • Does not deter • Unfair application • Violation of Eighth Amendment "cruel & unusual punishment" clause

  22. Capital punishmentIs the death penalty dead? • 13 states have no death penalty • The Supreme Court upheld lethal injection as a form of administering the death penalty in Kentucky • Death penalty likely will continue to be challenged

  23. CrossCurrents Capital punishmentThe innocence projects • Sometimes individuals are convicted of offenses they did not commit. • Innocence projects study old cases to see whether justice has been served. • Innocence projects are devoted to freeing the wrongly convicted.

  24. Questions • Why do societies resort to corporal punishment? • What precipitated the move away from the rehabilitation philosophy? • What are three primary features of the retributive philosophy?

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