1. Introduction
The United States uses incarceration as the punishment for the majority of serious and violent offenders
Incarceration, while ancient in origins, is more of a modern punishment
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2. Jails
The original purpose of jails was to hold people until their trial and if necessary, so that they could receive their punishment
In Colonial America, there was little need for correctional facilities
By 1760, only seven “cities” had a population of more than 3,000 people
New York City had barely more than 23,000 people (for comparison – London had 900,000)
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3. Most people at this time received swift punishment, usually through fines or corporal punishment
Holding people in jails until their trials was largely unnecessary, courts were not backlogged
Cases proceeded quickly and trials were informal, often without attorneys or formal rules of evidence
People needed to be put to work, having people sit idle in correctional facilities was counterproductive
In one study of New York (from 1691 to 1776) only 19 cases were found in which incarceration was used as a primary punishment
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4. American jails are based on English gaols, which were established in medieval England
These facilities were administered by a shire reeve (later known as a sheriff)
In the United States, jails are usually administered at the county level (parish in Louisiana)
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5. In England, in 1166, King Henry II mandated that all counties needed a jail
Feudalism had been breaking down and there were many people wandering around, some looking for work, others looking for trouble
England had a system of bail, but many people could not afford to pay bail and would disappear before trial, thus the rapid expansion of jails began
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6. Jails in Early America
The first American jail was built in Jamestown, in 1608
Early jails lacked any signature style of architecture
Jails were usually built around or near the center of town, generally close to wherever punishments were carried out
Inmates were usually crowded in large rooms and did not have individualized or double-bunked cells
Conditions were deplorable
Inmates were charged for food and anything else they might need
If inmates did not have friends or family, they might simply starve
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7. Modern Jails Modern jails have a typical design and are more secure
In 2017, roughly 630,000 were serving time in a jail on any given day, approximately 443,00 were awaiting trial
The rest of jail inmates have been convicted of a crime and are either serving a short jail sentence as punishment or are awaiting transfer to a prison
In 2017, 11 million people were processed in jails
When people are arrested, they must have a first appearance within 48 hours
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8. Some people who go to a jail are never charged with a crime
Many people in jails are part of what John Irwin called “the rabble”
More than 90% of people will receive bail or some form of release from jail
People charged with minor crimes are often released on unsecured bonds or on their own recognizance (ROR)
People who are required to pay bonds will either put the money up themselves or might pay a bail bonding company (usually 10% of the fee, which is non-refundable)
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9. Copyright © 2019 Carolina Academic Press, LLC. All rights reserved.
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