Chapter 2

Clear & Cole, American Corrections, 8th

Chapter 2Chapter 2Chapter 2Chapter 2

The Early History of Correctional Thought

and Practice


The Early History of Correctional The Early History of Correctional Thought and PracticeThought and PracticeThe Early History of Correctional The Early History of Correctional Thought and PracticeThought and Practice

From the Middle Ages to the American Revolution Galley Slavery Imprisonment Transportation Corporal Punishment

On the Eve of Reform The Age of Reason and Correctional Reform

Cesare Beccaria and the Classical School Jeremy Bentham and the “Hedonic Calculus” John Howard and the Birth of Penitentiary What Really Motivated Correctional Reform?


Legal bases of punishmentLegal bases of punishmentLegal bases of punishmentLegal bases of punishment

Lex talionis law of retaliation punishment should

correspond in degree & kind to the offense

“Eye for an eye and a tooth for a tooth”

Wergild- “man money” money paid to relatives of a murdered person or

to crime victim as compensation to prevent blood feuds carried view that punishment should involve

participation of public

Secular law- middle ages law of civil society (vs.

church law) developed along feudal system

feudal lords went to war over each others’ transgressions


““benefit of clergy”benefit of clergy”““benefit of clergy”benefit of clergy”

religion: early source of leniency members of clergy could be tried in

ecclesiastical court, where punishments less severe than in civil courts(focus of ecclesiastical court = penance & salvation) available from 1200’s-1827 to anyone who

could “read” text of Psalm 54 in court--ostensibly “proved” membership in clergy

common thugs availed themselves of the “benefit” by reciting verse from memory

Psalm 54 came to be known as “neck verse”


punishments in transition:punishments in transition:from old world from old world penitentiarypenitentiarypunishments in transition:punishments in transition:from old world from old world penitentiarypenitentiary

corporal punishments (by various means) death (by various means)

England’s specific contributions: transportation (banishment)

prescribed by Vagrancy Act of 1597 galley slavery

used as a reprieve from gallows imprisonment

historically, used mostly for: political prisoners those awaiting trial debtors


Vagrancy Act of 1597 Vagrancy Act of 1597 (England)(England)Vagrancy Act of 1597 Vagrancy Act of 1597 (England)(England)

by 1772: 60% male English felons: banished! 1718-1776: 1,000 felons/yr. (n = 50,000)

Virginia (1606) convicts were given over to companies that had

shipped them to colonies & sold their services (per 1717 law)

Australia & New S. Wales (after revolution) felons served Crown/designee for # of years then, freed (via pardon or “ticket of leave”) could then choose place of work

banishment = consistent w/ social realities of time - response to social disorder/upheaval


early jails = product ofearly jails = product ofsocial upheaval of 16th century Englandsocial upheaval of 16th century Englandearly jails = product ofearly jails = product ofsocial upheaval of 16th century Englandsocial upheaval of 16th century England

manufacturing economy (not agrarian)

breakup of feudalism (serfs, lords, manor)

1,000’s rural poor (wandering country) urbanization (movement to cities)

consequences: poverty, homelessness, helplessness, idleness,

illness, beggars, prostitution, crime jails = melting pot of dysfunctional population

plus orphans, insane


early jails = bad!early jails = bad!early jails = bad!early jails = bad!

combination: workhouse, poorhouse, jail mixed men, women, children conditions = abysmal!

filth squalor malnutrition predatory environment

reform “house of correction” combined elements of all three institutions emphasis: put idle poor to work!

from thinking of Protestant Reformation“an idle mind is the devil’s workshop”


Bridewell HouseBridewell House1st house of correction (1553)1st house of correction (1553)Bridewell HouseBridewell House1st house of correction (1553)1st house of correction (1553)

objective: “to instill a habit of industry more conducive to an honest livelihood”

strategies: discipline + work! products to be sold on open market facility to be self sufficient

failure... facilities filled w/criminals physically deteriorated not profitable reformative aim vanished


impact of Bridewellimpact of Bridewellimpact of Bridewellimpact of Bridewell

replicated in Europe; more successful Holland, Germany France (Maison de Force, in Ghent, 1772 - wheel) Italy (Milan House of Corrections, 1775)

these became precursors to 19th C. prisons in America

they impressed John Howard, English reformer

Howard brought ideas back to England! (popularized in colonies)


What we will see…What we will see…What we will see…What we will see…

19th/20th Centuries saw VARIETY of social experiments re: punishment based on variety of competing social/political

philosophies from 18th, 19th centuries witnessed general TREND away from

brutality of ancient & middle ages these developments stemmed generally

from 5 major social, economic, political, & religious trends …


1. breakdown of feudal order 1. breakdown of feudal order & & move move industrial societyindustrial society1. breakdown of feudal order 1. breakdown of feudal order & & move move industrial societyindustrial society

elimination of class of serfs bound by birth to service of Lord of the manor

demise of agriculturepopulation moves to urban centersrise of middle classemergence of trades; commerce seeds of industrial revolution


2. ideas of the 2. ideas of the Protestant Reformation Protestant Reformation 2. ideas of the 2. ideas of the Protestant Reformation Protestant Reformation

Martin Luther (1599): man is capable of interpreting Bible (w/o Pope);

elevated man to new status of free thinker weakened political/economic

power of Roman Catholic Church weakened Church’s role in

definition/punishment of errant citizens weakened Church’s role in creation &

administration of law…


3. emergence of 3. emergence of secular legal systemssecular legal systems3. emergence of 3. emergence of secular legal systemssecular legal systems

new legal systems were developed by civilian authority to protect the interests of independent parties other than the church

new systems (e.g., courts) came to be administered by non-religious authorities

Exemplified by Anglican Church/ of England; Henry VIII’s break from Pope;A Man for All Seasons


4. values of the Enlightenment4. values of the Enlightenment4. values of the Enlightenment4. values of the Enlightenment

1600-1700’s: English/French social/political writers popularized certain “progressive” concepts, e.g.:LiberalismRationalityEqualityIndividualismLimitations on the power of

governmentScientific inquiry….


Enlightenment … (con’d) Enlightenment … (con’d) Enlightenment … (con’d) Enlightenment … (con’d)

created new popular belief in: rights of man importance of individual concept of free will role of government: limited! protect rights!

e.g., Hobbes: “life in state of nature…[bad]” government/society formed to protect man from

hardships of total independence e.g., Locke, Montesque:

government as “social contract” man gives up rights & enters into union w/ others

for mutual benefit/protection


5. age of science & reason5. age of science & reason5. age of science & reason5. age of science & reason

we are capable of discovering why & how things happen

the world operates according to rules we can use science & reason to discover

those rules that govern behavior (of both universe & man) Galileo: universe behaves according to

predictable patterns Newton: matter & motion governed by certain

“laws of physics”


result: entirely new ways result: entirely new ways of viewing worldof viewing worldresult: entirely new ways result: entirely new ways of viewing worldof viewing world

new beliefs re: nature of man & human behavior faith in our ability to change people the relation of man to society belief in the rights of man equality of treatment (less brutality) limited power of state

new schools of thought re: crime & punishment (popularized by writers) Beccaria, Bentham Howard …


Cesare Beccaria Cesare Beccaria (1738 - 1794)(1738 - 1794)Cesare Beccaria Cesare Beccaria (1738 - 1794)(1738 - 1794)

Father: classical school of criminologyItalian scholar; applied rationalist

philosophy of Enlightenment to CJSEssays on Crimes & Punishments,

1764writings revolutionized thinking re:

role of law, criminal punishment, & operation of CJS


classical school of criminology: classical school of criminology: beliefsbeliefsclassical school of criminology: classical school of criminology: beliefsbeliefs

man has free willcrime is volitional (willed, intentional)man can change his behaviorman should be punished in proportion

to the severity of the crime he commits

the basis of all social action should be the utilitarian concept: “the greatest good for the greatest number”

“utilitarianism” (though Beccaria not thought of as father of utilitarianism)


principles of classical schoolprinciples of classical schoolprinciples of classical schoolprinciples of classical school

sole justification for punishment is its utility--the safety it provides via crime prevention

punishment is for deterrence, not revenge prevention > important than punishment punishment should be the least possible, punishment proportionate, dictated by law certainty/swiftness > important than severity advocated penal reforms:

avoid torture & secret accusations right to speedy trial & to present evidence humane treatment; improve prison conditions classify offenders: age, sex, degree of criminality

Pa. penal law, penitentiary movement


Jeremy Bentham Jeremy Bentham (1748 - 1832)(1748 - 1832)Jeremy Bentham Jeremy Bentham (1748 - 1832)(1748 - 1832)

father of utilitarianism English advocate of prison reform Intro. to the Principles of Morals & Legislation, 1789 applied utilitarian theory to law &

punishment founder of “panopticon” prison design

circular building with glass roof;cells around circumference, on each story

e.g., Western State Penitentiary (Pitt, 1825);Stateville (Ill, 1916)


““utilitarianism”utilitarianism”““utilitarianism”utilitarianism”

doctrine that the aim of all action should be the greatest possible balance of pleasure over pain. This will create the “greatest good for the greatest number.”


BenthamBentham … (con’d) … (con’d) BenthamBentham … (con’d) … (con’d)

“hedonic calculus” = pleasure/pain principle key concept in utilitarianism rational persons behave in ways to maximize

pleasure, minimize pain law should assure that offender will derive more pain

from punishment than pleasure from crime advocated reforms:

goal of law: prevent, not avenge crime eliminate barbarity, inconsistency in punishment abolish transportation segregate by age, sex, seriousness improve morals, health, education of prisoners religious services; keep prisoners busy


John Howard John Howard (1726 - 1790)(1726 - 1790)John Howard John Howard (1726 - 1790)(1726 - 1790)

The State of Prisons in England & Wales, 1777 (major) English penal reformer

middle class, country squire, social activist appointed Sheriff of Bedfordshire, 1773;

but unique: took active interest! visited local facilities; shocked by conditions

most jailers of time: non-professional, unsalaried appointees - indifferent to care/conditions

collected $$ (e.g., discharge fees) from inmates overcrowding, no discipline, unsanitary (“prison

fever”- typhus - killed 1,000’s) visited hulks, houses of corr. in Eng/Eur

returned with ideas for reform….


Howard … (con’d) Howard … (con’d) Howard … (con’d) Howard … (con’d)

drafted Penitentiary Act of 1779; with Blackstone & Eden

4 principles: secure & sanitary structure systematic inspection abolition of fees reformatory regimen

features: solitary cells at night hard labor in common rooms by day;

aim --> Drudgery! religious instruction & reflection


effect of Howard’s work:effect of Howard’s work:effect of Howard’s work:effect of Howard’s work: slow to catch on in England colonies much more susceptible new ways of thinking in America:

Declaration of Independence & US Constitution championed: optimistic view of man belief in human perfectibility belief that crime = f (environment) individual rights limitations on power/authority of gov’t

by-products of this thinking: need to reform of harsh penal codes/punishments

Mass (1785); Pa (1786); NY (1796) preference for incarceration (+ hard labor)


Penitentiary: an idea with Penitentiary: an idea with universal appealuniversal appealPenitentiary: an idea with Penitentiary: an idea with universal appealuniversal appeal

legalists deter crimephilanthropists save humanityconservatives save money

(inmate-produced products)politicians solution to disquieting

prison situation

industrialists new way of disciplining/ training new working class to serve industrial society; (e.g., John Conley-revisionist historian)


emergence of the penitentiary emergence of the penitentiary in Americain Americaemergence of the penitentiary emergence of the penitentiary in Americain America

reform ideas didn’t materialize in England until 1842: Pentonville, North London

but, quickly took root in colonies and laid groundwork for look & operation of American penitentiary Walnut St. Jail, 1790

portion of jail was converted to place of separate confinement in 1790

quickly overcrowded Eastern State Penitentiary (Cherry Hill, 1829) Western State Penitentiary (Pittsburgh, 1825)

Chapter 2

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