mainstream and crosscurrents, second edition chapter 11 history of control and punishment
TRANSCRIPT
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.
Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller
© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.3
Before there were prisons
Corporal punishment
Economic punishment
Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller
© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.4
Before there were prisons
Corporal punishment
Torture Flogging Branding Mutilation Humiliation Shock death
Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller
© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.5
Before there were prisons
Economic punishment
The galley
Workhouses
Exile and transportation
Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller
© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.6
Prisons in America
Prison efforts have been aimed at making the institution more effective, more humane, and more palatable to the public.
Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller
© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.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
Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller
© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.8
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.
Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller
© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.9
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.
Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller
© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.10
The Auburn Prison, opened in New York in 1817, eventually used the congregate-and-silent system.
Prisons in America
Development of the penitentiary1780–1860
Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller
© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.11
Prisons in America
Age of reform 1860–1900
Alexander Maconochie (marks-of-commendation)
Sir Walter Crofton (ticket-of-leave)
Zebulon Brockway
The Irish System
Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller
© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.12
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 …
Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller
© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.13
Prisons in America
Prison labor and public works 1900–1930
Work kept inmates occupied.
Work was rehabilitative.
Inmates could offset incarceration costs.
Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller
© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.14
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
Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller
© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.15
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.
Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller
© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.16
Prisons in America
Retributive era 1970s to present
Determinate sentences
Voluntary treatment
Abolition of parole
Other changes …
Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller
© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.17
Capital punishment
This extreme form of control is controversial, with individuals and groups voicing opinions on both sides of the issue.
Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller
© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.18
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.
Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller
© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.19
Capital punishment
Historical perspective
A common form of punishment
Public spectacle
Torture was usually involved
Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller
© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.20
Capital punishment
Supporting arguments
Specific deterrence
General deterrence
Just deserts
Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller
© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.21
Capital punishment
Arguments against
Religious considerations
Does not deter
Unfair application
Violation of Eighth Amendment "cruel & unusual punishment" clause
Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller
© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.22
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
Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller
© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.23
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.
Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller
© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.24
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?