Mainstream and Crosscurrents, Second Edition Chapter 11 History of Control and Punishment.

Mainstream and Crosscurrents, Second Edition

Chapter 11Chapter 11

History of ControlHistory of Control

and Punishmentand Punishment

Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller

© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.2

Before there were prisons

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




Corporal punishment

Economic punishment




Corporal punishment

Torture Flogging Branding Mutilation Humiliation Shock death




Economic punishment

The galley

Workhouses

Exile and transportation



Prisons in America

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



Prisons in America

Control in the colonies Development of the penitentiary Age of reform Prison labor and public works Age of rehabilitation Retributive era



Prisons in America

Control 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.



Prisons in America

Development of the penitentiary1780–1860

In 1829, the state of Pennsylvania opened Eastern State Penitentiary which was characterized by the separate-and-silent system.



The Auburn Prison, opened in New York in 1817, eventually used the congregate-and-silent system.

Prisons in America

Development of the penitentiary1780–1860



Prisons in America

Age of reform 1860–1900

Alexander Maconochie (marks-of-commendation)

Sir Walter Crofton (ticket-of-leave)

Zebulon Brockway

The Irish System



Prisons in America

Prison 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 …



Prisons in America

Prison labor and public works 1900–1930

Work kept inmates occupied.

Work was rehabilitative.

Inmates could offset incarceration costs.



Prisons in America

Age of rehabilitation 1930–1970

Rehabilitation became important because offenders were considered "sick."

Wickersham Commission prescribed reforms.

Federal Bureau of Prisons est. 1930



Prisons in America

Retributive 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.



Prisons in America

Retributive era 1970s to present

Determinate sentences

Voluntary treatment

Abolition of parole

Other changes …



Capital punishment

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



CrossCurrents Capital punishment

Killing 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.



Capital punishment

Historical perspective

A common form of punishment

Public spectacle

Torture was usually involved



Capital punishment

Supporting arguments

Specific deterrence

General deterrence

Just deserts



Capital punishment

Arguments against

Religious considerations

Does not deter

Unfair application

Violation of Eighth Amendment "cruel & unusual punishment" clause



Capital punishment

Is 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



CrossCurrents Capital punishment

The 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.



QuestionsQuestions

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?

Mainstream and Crosscurrents, Second Edition Chapter 11 History of Control and Punishment.

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