History of Punishment

History of Corrections Punishment system is a function of: social setting Upper, Middle, or Lower class Erzabet Bathory – Countess in Hungary killed girls never convicted Today is still a problem - Unequal Justice on word doc political structure (and individual’s relationship to the state) Who do you know? Lewis “Scooter” Libby – President Bush pardoned from federal prison

History of Corrections economic structures Rich vs. Poor Benefit of Clergy – People who were educated and could read could get “one get out of jail free” card. Illegal Downloads and Copyright law society’s needs Does the criminal harm society? society’s resources Can the society support the criminal in its protection?

Early History Tribal societies Characterized by reliance on religious authorities or families to maintain order Chief decided punishment Group welfare of primary concern Maintain tribal goals Emphasis on vengeance Eye for an eye

Early History Growth of cities caused role of family as means of social control weakened Less family time Corporal punishment and death common punishments in ancient societies

Early History Rise of written legal codes Code of Hammurabi-1750 B.C.E.-Mesopotamia AKA - Codex Hammurabi and Hammurabi's Code A comprehensive set of laws, considered by many scholars to be the oldest established, that were handed down four thousand years ago by King Hammurabi of Babylon.

Early History Relied on lex talionis Emphasized retaliation law of equal and direct retribution: in the words of the Hebrew scriptures, "an eye for an eye, a tooth for a tooth, an arm for an arm, a life for a life

Early History Work sheet to read and discuss Vocabulary

Early History Greek and Roman societies Greeks wanted to reform and deter, not just avenge Different punishment for slaves vs. citizens Stoning, axe, crucifixion After Christianity became state religion, Roman Empire put more emphasis on mercy Confinement in monasteries replaced death

Early History By 6 th century, many countries used written code Disparities between rich and poor built in Person were not to be treated differently because of their economic standing

Early Middle Ages (13 th - 15 th Centuries) Two systems in England and Europe: Ecclesiastical Church had own set of punishments Punishment for clergy and laity. Secular Based on feudal system King grants land to nobleman Violent feuds between rival lords Wergild established as means to avert bloody feuding

Early Middle Ages (13 th - 15 th Centuries) Secular (continued) Wergild -1. (in Anglo-Saxon England and other Germanic countries) 2. money paid to the relatives of a murder victim in compensation for loss and to prevent a blood feud. 3. the amount of money fixed as compensation for the murder or disablement of a person, computed on the basis of rank. People of wealth generally punished by fines, restitution Also had “benefit of clergy” Lower classes received physical punishment

Later Middle Ages (15 th - 16 th Centuries) Authority of government grew Feudal system lessened in importance Government emphasized deterrence make punishment public

Later Middle Ages (15 th - 16 th Centuries) Forms of punishment Galley slavery Rowing slaves Imprisonment House of correction Bridewell poorhouse and prison Transportation Corporal punishment Death

Reform Era - Philosophical Roots Age of Enlightenment/Reason Emphasis on reason, scientific method Idea of “free will” Decline in dominant role of church Emergence of new concept of individual’s relationship to government Gov’t. for people - monarch not all powerful Emphasis on individual rights

Reform Era - Philosophical Roots Notion of “Social Contract” John Locke Form governments for self-preservation Sacrifice some freedoms in exchange for government assurance of safety Government by “consent of the governed” Invest in government authority to punish

Reform Era Principal reformers Cesare Beccaria - Italian lawyer Jeremy Betham - English lawyer John Howard - English sheriff

Reform Era Led change in attitudes toward punishment: 1) just enough to deter 2) should be predictable & proportional Also change in practices: 1) shift emphasis from body to mind 2) improve prison conditions 3) separate different types of prisoners

Reform Era - Beccaria On Crimes and Punishments Hedonism as explanation of crime Pleasure = principal good Choose between pleasure and pain Crime must produce some pleasure that outweighs pain Punishment must outweigh pleasure Linked to deterrence

Reform Era - Beccaria Reforms to include: elimination of torture no secret accusations right to speedy trial opportunity to bring evidence on own behalf only legislature should decide punishment, not judge

Reform Era - Beccaria Punishment must be just and moral: prompt certain proportionate public

Reform Era - Bentham An Introduction to the Principles of Morals and Legislation Developed “moral (or hedonic) calculus” Calculate amount of pain/pleasure associated w/ an act Principle of utility property of object or goal that produces pleasure or benefit or prevents pain not let people suffer needlessly, livable wages encourage abundance, both of wealth and of population

Reform Era - Howard Visited every jail & prison in jurisdiction Documented conditions in The State of Prisons in England Led to formation several prison societies Also led to Penitentiary Act of 1779 Intended to make prisons: safe and sanitary operate w/o fees impose regimen of reform be systematically inspected