Corrections Chapter 1

Chapter 1: Early History 2000 B.C. to A.D.
1800
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
Corrections in America, Twelfth Edition Harry E. Allen, Edward J. Latessa Ph.D., Bruce S. Ponder
2010 Pearson Higher Education, Upper Saddle River, NJ 07458. All Rights Reserved.
Behavior as a Continuum
Proscribed Prescribed Folkways
Mores
Laws
Figure 1.1
The Continuum of Behavior
Negative
Behavior
Positive
Proscribed
Discouraged
Prescribed
Encouraged
Laws
Mores
Folkways
Mores
Laws
Redress of Wrongs

Retaliation Blood Feud Vendetta
Redress: cont.

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
Fines and Punishment
Tribal leaders, elders, and, later, Kings play roles in fines and punishments Requires public action
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 Hammurabic Code was the first comprehensive attempt at codifying laws of nations
Greek Codes
The Code of Draco
Concept of public good more important than individual injury or vengeance
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
11
Middle Ages: cont.
Concept of Free Will . . .
Responsible for ones 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 the Skull Crusher Stocks Pinchers The Grill The Sweatbox
The Bird Cage
Prisoners were suspended until they confessed
The Pillory
15
Deterrence?
Widespread use of capital and corporal punishment in the Middle Ages was seen as a deterrence
16
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
17
Concepts of Justice Expanded by Thomas Aquinas (13 century)

th
By recognizing true laws:

Eternal law (lex eterna) Natural law (lex naturalis) Human law (lex humana)
All for the common good
18
Concepts: cont.
Kings and Monarchs tried to detach themselves from divine law This created great conflict
19
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 executioners block by not bending to King Henry VIII
20
Concepts: cont.
Punishments were to:

Repay society Expiate transgressions with God Did not stop the spread of crime
21
Early Prisons

Detention has been a social institution from earliest of times Only recently, concept of imprisonment for punishment in and of itself established Romans used offenders as slaves to build the public works infrastructure Mamertine Prison . . . 64 B.C. (dungeons below the Roman sewers) After fall of Romecastles, fortresses, and town gates used as places of confinement Christian churches were also used as places of confinement

For transgressions of Canon Law Penitence
22
Workhouses
Bridewell established 1557 Based upon work ethic Parliament required in 1576 that Bridewells be established in every county 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
23
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
24
Dawn of the 18th Century
Giants in philosophy recognize the essential dignity and imperfections in human beings Montesquieu and Voltaire . . . The French Humanists:
In Montesquieus Persian Letters, he revealed to the public the abuses of criminal law Voltaire challenged in trials, the concept of legalized torture, responsibility, and justice
25
Classical School Established

Casare Beccarias An Essay on Crimes and Punishment is published (1764) This transitions thinking from punishment to corrections
26
Beccaria: cont.
Beccarias main points: Greatest good for greatest number of people Crime is an injury to society Prevention is more important than punishment
27
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
28
Beccaria: cont.
Four of his ideas were incorporated into the French Code of Criminal Procedure (1808) and into the French Penal Code of 1810 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
29
Bentham and the Hedonistic Calculus
Advocated graduated penalties to match the crime Individuals conduct could be influenced in a scientific manner Hedonistic Calculus:

More pleasure Less pain
30
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
31
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
32
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 1781 and 1875
33
Hulks: A Sordid Episode

Old ships used to confine offenders Conditions on hulks were worse than gaols and workhouses
34
Early Cellular Systems
Jean-Jacques Vilains Maison 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
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
35
William Penn and 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
36
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! Walnut Street Jail
The first true correctional institution in America was established in 1790 in Philadelphia, Pennsylvania
37
Walnut Street
Walnut Street continued some of the concepts of the Charter of William Penn (1682)

All prisoners bail-able Those wrongfully imprisoned could recover double damages Prisons were free of fees for food, etc. Lands and goods of felons were to be liable for confiscation and double restitution for injured parties All counties were to provide houses
38
Pennsylvania System
The Quakers efforts were known as the Pennsylvania System Walnut Street Jail was copied extensively, in at least 10 states
39
Summary
Punishments pass from individual action to:

Blood feud Abstract action by a bureaucracy in the name of the state First real attempt at a prison (Walnut Street Jail) Quakers compassionate efforts
40

Corrections Chapter 1

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Chapter 1: Early History 2000 B.C. to A.D.

The Continuum of Behavior

Retaliation Blood Feud Vendetta

Retaliation becomes a system of law Tribal customs

Exchange of money Or of property

Fines and Punishment

The Code of Draco

Concept of public good more important than individual injury or vengeance

Sixth Century A.D.

Roman Emperor Justinian wrote his Code of Laws

The Middle Ages

Middle Ages: cont.

Concept of Free Will . . .

Middle Ages: cont.

Wergeld was replaced by:

Middle Ages: cont. Punishments

Capital = Death! Corporal Punishment any physical pain except death

The Bird Cage

Prisoners were suspended until they confessed

Emergence of Secular Law

Concepts of Justice Expanded by Thomas Aquinas (13 century)

By recognizing true laws:

All for the common good

Punishments were to:

For transgressions of Canon Law Penitence

The Age of Enlightenment/Reform

Dawn of the 18th Century

Classical School Established

No torture, right to speedy trial, to bring forth evidence

Bentham and the Hedonistic Calculus

More pleasure Less pain

Houses of Correction: Workhouses and Gaols

Exporting the Problem

England deported offenders to American Colonies and Australia

Hulks: A Sordid Episode

Early Cellular Systems

Jean-Jacques Vilains Maison de Force at Ghent, Belgium

William Penn and the Great Law

Punishments pass from individual action to:

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