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

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ 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/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 3 Before there were prisons  Corporal punishment  Economic punishment

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 4 Before there were prisons Corporal punishment  Torture  Flogging  Branding  Mutilation  Humiliation  Shock death

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 5 Before there were prisons Economic punishment  The galley  Workhouses  Exile and transportation

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ 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/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ 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/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ 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/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 9 Prisons in America Development of the penitentiary 1780–1860 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/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ 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 penitentiary 1780–1860

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ 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/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ 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/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ 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/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ 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/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ 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/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ 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/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ 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/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ 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/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ 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/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 20 Capital punishment Supporting arguments  Specific deterrence  General deterrence  Just deserts

Criminal Justice: Mainstream and Crosscurrents, 2/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ 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/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ 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/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ 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/e John Randolph Fuller © 2010 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 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?