Hanser, Introduction to Corrections. © 2016, SAGE Publications.

Chapter 1: Early History of Punishment and the Development of Prisons in the United States

Hanser, Introduction to Corrections. © 2016, SAGE Publications.
Topics to Cover Defining Corrections The Notion of Punishment and Corrections Throughout History The Enlightenment and Correctional Reform Punishment During Early American History: 1700s-1800s The Age of the Reformatory in America Prisons in America: 1900s to the end of World War II Modern Day Systems: Federal and State Inmate Characteristics Hanser, Introduction to Corrections. © 2016, SAGE Publications.

Defining Corrections: A Variety of Possibilities
Define corrections and the role it has in the criminal justice system Defining Corrections: A Variety of Possibilities Hanser, Introduction to Corrections. © 2016, SAGE Publications.

The Role of Corrections in the Criminal Justice System
Corrections – A process whereby practitioners: Engage in organized security and treatment Goal to correct criminal tendencies Other four segments of justice system: Law enforcement, courts, juvenile justice system, victim services LO 1.1: Define corrections and the role it has in the criminal justice system The Role of Corrections in the Criminal Justice System Corrections is a process by which various practitioners engage organized security and treatment Aim to correct criminal tendencies among the offender population Justice system includes five segments: law enforcement, the courts, corrections, juvenile justice system, and victim services Defining Corrections: A Variety of Possibilities Hanser, Introduction to Corrections. © 2016, SAGE Publications.

The Notion of Punishment and Corrections Throughout History
Identify early historical developments and justifications in the use of punishment and corrections The Notion of Punishment and Corrections Throughout History Hanser, Introduction to Corrections. © 2016, SAGE Publications.

Punishment and Corrections
Punishment and Corrections not synonymous: Goal of punishment to correct offender’s behavior Brutalization hypothesis LO 1.2: Identify early historical developments and justifications in the use of punishment and corrections The goal of punishments is to prevent future criminal behavior. However, research finds that incarceration can actually increase future offending. The brutalization hypothesis contends that harsh punishments sensitize people to violence and teaches them to use violence, rather than deterring violence. The Notion of punishment and corrections throughout history Hanser, Introduction to Corrections. © 2016, SAGE Publications.

Early Codes of Law Babylonian and Sumerian Codes
Code of Hammurabi Roman Law and Punishment Imprisonment Civil death Western Europe and East Asia Penal Servitude LO 1.2: Identify early historical developments and justifications in the use of punishment and corrections Video about code of hammurabi: Babylonian and Sumerian Codes: The Code of Hammurabi, the earliest known written code of punishment. Incorporated lex talionis, referring to the Babylonian law of equal retaliation. Included corporal punishments; established uniformity in punishments. Roman Law and Punishment and Their Impact on Early English Punishment: People accused of crimes in the Roman Empire were imprisoned in cages, quarries, and dungeons. If convicted, offenders were sentenced to slavery and civil death, including property seizure and complete exclusion from society. Penal servitude was used as cheap labor in both the East and West. However, in the East, such punishment extended to offenders’ family members. The Notion of punishment and corrections throughout history Hanser, Introduction to Corrections. © 2016, SAGE Publications.

Early Historical Role of Religion, Punishment, and Corrections
Church’s Role in Justice System Large peasantry class Literate religious leaders Trial by ordeal Save soul of condemned Sanctuary LO 1.2: Identify early historical developments and justifications in the use of punishment and corrections Early Historical Role of Religion, Punishment, and Corrections Middle Ages time of chaos, where people placed faith in religious leaders. The Church enacted punishment on offenders, utilizing tactics such as trial by ordeal, impossible tests to prove guilt or innocence. Aim of punishment to save the soul of the condemned. The Church also provided refuge for some offenders by granting sanctuary, protection from the king’s soldiers until the offender could negotiate or admit their crime and flee the country. Sanctuaries gradually abolished as secular courts gained power. The Notion of punishment and corrections throughout history Hanser, Introduction to Corrections. © 2016, SAGE Publications.

Early Secular History of Punishment and Corrections
State sovereignty increased Crime considered offense against state Public wrongs – crimes against society E.g., treason, witchcraft, incest Private wrongs – private revenge E.g., physical injury, property damage, theft LO 1.2: Identify early historical developments and justifications in the use of punishment and corrections As state power grew, the Church’s influence subsided. State gained control over revenues from fines and court proceedings. Crime regarded as an offense against the king’s or queen’s authority. Public and Private Wrongs: Public wrongs are crimes against society, including treason and witchcraft. Hysteria over witchcraft led to the execution of thousands of suspected witches over several hundred years. Private wrongs are offenses against individuals, such as physical injury or theft. In absence of official authority, the victim retaliated in seek of justice. However, if perpetrator responded, became tit-for-tat. The Notion of punishment and corrections throughout history Hanser, Introduction to Corrections. © 2016, SAGE Publications.

Types of Punishment in Early Correctional History
LO 1.2: Identify early historical developments and justifications in the use of punishment and corrections The state inflicted a range of consequences on offenders, many focused on corporal punishment and humiliation. These included: Retaliation Through Humiliation – e.g., gag, ducking stool, stocks Wergild Compensation – (not in Ch. 1 manuscript) Corporal Punishment – often in public forum for deterrent effect Capital Punishment – hanging most frequent form Banishment – useful alternative to death penalty as discontent grew; temporary or permanent; included labor in English colonies Transporting Offenders – ideal punishment, as it involved minimal costs, effectively banished offenders, and offered labor for colonies Indentured Servitude – owned by employer; subject to any penalty except death; indentured servants were half of those sent to Americas during 1600s-1700s Hulks and Floating Prisons – began after American revolution; imprisonment in decommissioned ships; deplorable conditions Hanser, Introduction to Corrections. © 2016, SAGE Publications. The Notion of punishment and corrections throughout history

The Enlightenment and Correctional Reform
Discuss the development of the Enlightenment and key persons on correctional reform The Enlightenment and Correctional Reform Hanser, Introduction to Corrections. © 2016, SAGE Publications.

Major Critical Thinkers in Early History
LO 1.2: Identify early historical developments and justifications in the use of punishment and corrections The state inflicted a range of consequences on offenders, many focused on corporal punishment and humiliation. These included: Retaliation Through Humiliation – e.g., gag, ducking stool, stocks Wergild Compensation – (not in Ch. 1 manuscript) Corporal Punishment – often in public forum for deterrent effect Capital Punishment – hanging most frequent form Banishment – useful alternative to death penalty as discontent grew; temporary or permanent; included labor in English colonies Transporting Offenders – ideal punishment, as it involved minimal costs, effectively banished offenders, and offered labor for colonies Indentured Servitude – owned by employer; subject to any penalty except death; indentured servants were half of those sent to Americas during 1600s-1700s Hulks and Floating Prisons – began after American revolution; imprisonment in decommissioned ships; deplorable conditions Hanser, Introduction to Corrections. © 2016, SAGE Publications. The Enlightenment and Correctional Reform

Towards Humane Punishment and Reform
William Penn, the Quakers, and the Great Law Loss of liberty, hard labor more effective than death penalty Charles Montesquieu, Francois Voltaire, and Cesare Beccaria Focus on human rights Proportional punishment Rehabilitation over retribution LO 1.3: Discuss the development of the Enlightenment and key persons on correctional reform Beginning in the 1700s, notions of punishment shifted from desires for revenge towards humane treatment for prisoners. William Penn, the Quakers, and the Great Law: The Quakers followed the Great Law, which maintained that hard labor is more effective punishment than the death penalty, and that the loss of liberty is punishment in itself. Led by William Penn, the Quaker movement in reform spread through America as well as Italy and England. Charles Montesquieu, Francois Voltaire, and Cesare Beccaria: Montesquieu wrote Persian Letters, illustrating abuses of criminal law in France and Europe. Voltaire critiqued traditional ideas of legalized torture, criminal responsibility, and justice, leading to his exile from France. Beccaria condemned the death penalty, and proposed that punishments are effective as deterrence when they are certain, swift, and proportional. He also advocated for prisons as incapacitation, punishment in itself. Classical criminology influenced by Beccaria, emphasizes that punishments must be useful, purposeful, and reasonable. The Enlightenment and Correctional Reform Hanser, Introduction to Corrections. © 2016, SAGE Publications.

Towards Humane Punishment and Reform
John Howard: The Making of the Penitentiary State of Prisons to improve conditions Jeremy Bentham: Hedonistic Calculus Punishment as deterrence – swift, severe, and certain Classical criminology Punishment should be useful, purposeful, and reasonable LO 1.3: Discuss the development of the Enlightenment and key persons on correctional reform Video about Jeremy Bentham: s John Howard: The Making of the Penitentiary: As a Sheriff, Howard inspected English prisons and became appalled by unsanitary conditions. He wrote and presented to Parliament State of Prisons to improve prison conditions, citing examples in France and Italy. Jeremy Bentham: Hedonistic Calculus: Influenced by Beccaria, Bentham advocated for the use of graduated penalties that connected punishment with the crime. He proposed that crime is motivated by the aim of optimizing pleasure while minimizing pain, known as the hedonistic calculus. Classical criminology also builds upon Bentham’s work that punishments should be swift, severe, and certain. Research maintains that swift and certain punishments are effective deterrent measures, while severe punishments are not. The Enlightenment and Correctional Reform Hanser, Introduction to Corrections. © 2016, SAGE Publications.

Punishment During Early American History: 1700s-1800s
Discuss the development of punishment in early American history Punishment During Early American History: 1700s-1800s Hanser, Introduction to Corrections. © 2016, SAGE Publications.

Punishment in Early America
LO 1.4: Discuss the development of punishment in early American history Article about Walnut Street Jail: The Great Law in Pennsylvania was overturned upon Penn’s death in Until about 1787, penal reform largely occurred in Europe while America saw a digression in correctional thought. The Old Newgate Prison, established in 1773, was the first official prison in the U.S. It served as a copper mine and colonial prison. It was designed to punish offenders with crude underground housing and hard labor. The Walnut Street Jail: In the late 1780s, prison reform re-emerged, led by Benjamin Rush. Rush, the Quakers, and other reformers founded the Philadelphia Society for Alleviating the Miseries of Public Prisons. The group was active in developing the penitentiary wing within Walnut Street Jail, the first institution designed to reform offenders. Closed in 1835 after inmate disturbances, violence, and staff turnover. Punishment During Early American History: 1700s-1800s Hanser, Introduction to Corrections. © 2016, SAGE Publications.

Old Newgate Prison First prison, designed for punishment The Walnut Street Jail First penitentiary, designed for reform LO 1.4: Discuss the development of punishment in early American history Article about Walnut Street Jail: The Great Law in Pennsylvania was overturned upon Penn’s death in Until about 1787, penal reform largely occurred in Europe while America saw a digression in correctional thought. The Old Newgate Prison, established in 1773, was the first official prison in the U.S. It served as a copper mine and colonial prison. It was designed to punish offenders with crude underground housing and hard labor. The Walnut Street Jail: In the late 1780s, prison reform re-emerged, led by Benjamin Rush. Rush, the Quakers, and other reformers founded the Philadelphia Society for Alleviating the Miseries of Public Prisons. The group was active in developing the penitentiary wing within Walnut Street Jail, the first institution designed to reform offenders. Closed in 1835 after inmate disturbances, violence, and staff turnover. Punishment During Early American History: 1700s-1800s Hanser, Introduction to Corrections. © 2016, SAGE Publications.

The Pennsylvania System Designed for solitude, repentance The Auburn System Designed for work, repentance Two American Prototypes in Conflict The Auburn System’s economic benefits prevailed LO 1.4: Discuss the development of punishment in early American history Article about Auburn System: The Pennsylvania System This system used solitary confinement. While offenders did not engage in labor, advocates said this system would be economical because offenders would repent more quickly, leading to reduced need for facilities. Western Penitentiary and Eastern Penitentiary confined inmates in solitary cells. Long periods of solitary confinement led to emotional breakdowns and mental illness. Suicide attempts also became commonplace, undermining the Quaker goal of redemption. Closed after start of Civil War. The Auburn System Inmates were kept in solitary confinement during the evening, worked during the day, and expected to be silent. Inmates were treated equally but expected to work, read the Bible, and pray daily. The system aimed that hard work, penitence, and obedience would correct criminal behavior. The system had economic success. It included factories within facilities, labor to offset housing costs, and the contract labor system, which utilized inmate labor through state-negotiated contracts with private manufacturers. Two American Prototypes in Conflict States adopted the Auburn system, due to the economic benefits and belief that keeping convicts busy would deter future crime. Punishment During Early American History: 1700s-1800s Hanser, Introduction to Corrections. © 2016, SAGE Publications.

The Southern System Pre-Civil War: Black Codes Post-Civil War: Penal farms Ruffin v. Commonwealth Chain gangs: Profitable labor The Western System Holding cells for inmates Contracted custody with other states Eventually adopted Auburn System LO 1.4: Discuss the development of punishment in early American history The Southern System of Penology: Pre and Post–Civil War Prior to the Civil War, Black Codes were used, issuing harsher punishments for slaves than for free men who turned criminal. However, slaves usually were not sentenced to prison because interfered with labor. After the Civil War, southern states continued to lease inmates for economic benefits. Eventually, the leasing system was abolished and replaced with prison farms. These systems focused on profit, with little incentive to eliminate inhumane practices. In 1871, the Virginia State Supreme Court noted that inmates were the “slave of the state” in Ruffin v. Commonwealth. As the Civil War ended only a few years prior, the Supreme Court resisted issues pertaining to state sovereignty. This ruling essentially deprived inmates of rights or legal standing until the civil rights movement and Holt v. Sarver (1969). The Chain Gang and the South Inmates used as labor to build railroads and highways. System reduced housing costs and provided jobs to generally uneducated guards. The Western System of Penology Inmates confined in holding cells across desert terrain, as long-term housing did not exist. Western states eventually contracted their inmates with other states to maintain custody of offenders. As western state governments developed, prisons designed along Auburn system with emphasis on labor. Punishment During Early American History: 1700s-1800s Hanser, Introduction to Corrections. © 2016, SAGE Publications.

The Age of the Reformatory in America
Describe the changes to prison systems brought about by the Age of the Reformatory in America The Age of the Reformatory in America Hanser, Introduction to Corrections. © 2016, SAGE Publications.

New Era of Reform National Prison Association – 1870 – drafted Declaration of Principles: Reformation over punishment Classification of inmates Indeterminate sentences Self-efficacy Elmira Reformatory – 1876 Individualized plans of reform Evidence shows limited success in rehab LO 1.5: Describe the changes to prison systems brought about by the Age of the Reformatory in America The National Prison Association (1870) advocated for reform over punishment, classification of inmates, indeterminate sentences, self-efficacy. Elmira Reformatory (1876) first reformatory, brought new era of penology. The warden, Zebulon Brockway, used a mark system, providing marks to the convict for each day of successful toil. Marks were used for indeterminate sentencing, which allowed offenders early release if they demonstrated reform prior to expiration of the sentence. This differed from determinate sentences, which consist of fixed periods of incarceration imposed on the offender with no flexibility. Ultimately, indeterminate sentences not shown to be more effective in reform than determinate sentences. The Age of the Reformatory in America Hanser, Introduction to Corrections. © 2016, SAGE Publications.

Prisons in America: 1900s to the End of World War II
Identify the various prison systems, eras, and models that developed in the early- and mid-1900s in America Prisons in America: 1900s to the End of World War II Hanser, Introduction to Corrections. © 2016, SAGE Publications.

Prisons in America Prison Farming Systems Progressive Era
Profit driven, based on agriculture Arkansas System – Inmates in charge of other inmates Progressive Era Humane treatment of inmates Deviance – social and psychological causes The Era of the “Big House” Made of concrete and steel Checkpoints throughout facility LO 1.6: Identify the various prison systems, eras, and models that developed in the early- and mid-1900s in America Prison Farming Systems – profit driven based on agricultural production. The Arkansas System: Worst of the Worst Inmates, known as trusties, in charge of other inmates. Trusties had more power, freedom than others. This system often led to extortion. The Progressive Era During this era, national focus to improve welfare of the underprivileged. For corrections, this resulted in a shift towards humane treatment of inmates. Believed that deviant behavior caused by social and psychological causes, and treatment key to reform. The Era of the “Big House” Big House prisons were made of concrete and steels, up to six levels high, and operated by machinery. Included guard towers and checkpoints throughout the facility. Prisons in America: 1900s to the end of World War II Hanser, Introduction to Corrections. © 2016, SAGE Publications.

Prisons in America The Medical Model The Reintegration Model
Mental health approach Criminality result of internal deficiencies Classification process The Reintegration Model Criminality result of external environment Martinson Report The Crime Control Model “Get tough” policies LO 1.6: Identify the various prison systems, eras, and models that developed in the early- and mid-1900s in America Audio about reintegration: Web article about mass incarceration: The Medical Model The medical model uses mental health approaches in corrections. Criminality viewed as result of internal deficiencies that can be treated. First implemented in 1929 when Congress authorized the Federal Bureau of Prisons to use standardized process of classifications and treatment. Classification key in the medical model, but ultimately found to be more of a management process rather than effective rehabilitation tool. The Reintegration Model The reintegration model maintained that external environmental factors caused criminality. The Martinson Report examined various educational, vocational, and mental health programs, and reported that they had limited effects on recidivism. The Crime Control Model The crime control model emerged during the “get tough” era, and utilized longer sentences, the death penalty, and supervised probation. The use of determinate sentences limited judicial discretion. Today, governments are increasingly realizing these get tough strategies may have been too ambitious, and too expensive. Prisons in America: 1900s to the end of World War II Hanser, Introduction to Corrections. © 2016, SAGE Publications.

Modern Day Systems: Federal and State Inmate Characteristics
Explain how state and federal prisons differ and identify the Big Four in American corrections LO 1.7: Explain how state and federal prisons differ and identify the Big Four in American corrections Modern Day Systems: Federal and State Inmate Characteristics Hanser, Introduction to Corrections. © 2016, SAGE Publications.

Corrections Today Federal Bureau of Prisons – 1930 State Corrections
> 100 facilities > 50% drug offenders 12% are citizens of other countries > 50% low- or minimum-security risk Average time served is 6.5 years State Corrections > 50% violent offenders Most common form of corrections State budgets smaller than BOP’s LO 1.7: Explain how state and federal prisons differ and identify the Big Four in American corrections The Federal Bureau of Prisons, established by Congress in 1930, has over 100 facilities. Over half of offenders in the BOP population are convicted of drug crimes and deemed low- or minimum-security risk. State correctional systems vary in their size and facilities. Over half of state prison inmates are convicted of violent crimes. State corrections are most common form of corrections, but also have smaller budgets than BOP, affecting staff, training, and opportunities. Texas, California, and Florida have the largest prisons systems each with over 100,000 inmates. Georgia, New York, Ohio, and Pennsylvania, all have between 50,000 and 55,000 inmates. All other states house less than 49,000 inmates. Modern Day Systems: Federal and State Inmate Characteristics Hanser, Introduction to Corrections. © 2016, SAGE Publications.

The Emergence of the “Big Four”
The four largest state correctional systems Texas: ~ 168,000 – California: ~ 135,000 Florida: ~ 103,000 – New York: ~ 55,000 Big four states: Large free-world populations Relatively representative of U.S. population Ethnically diverse Robust economies LO 1.7: Explain how state and federal prisons differ and identify the Big Four in American corrections The Emergence of the “Big Four” in Corrections California, Texas, Florida, and New York, have the largest prisons systems. Additionally, these states have large free-world populations, are relatively representative of the overall U.S. population, are ethnically diverse, and have robust economies. Because they have relatively robust economies, they are able to fund their correctional programs. Modern Day Systems: Federal and State Inmate Characteristics Hanser, Introduction to Corrections. © 2016, SAGE Publications.

Discussion Questions Identify punishment and identify corrections. Explain how each differs from the other, and explain why they are often confused with one another Explain how punishment has progressed from ancient and medieval times to current-day practices. Are there still similarities in thought, and, if so, what are they? Identify key thinkers and persons of influence who have impacted the field of corrections. For each, be sure to highlight their particular contribution(s) to the field. From end of chapter Hanser, Introduction to Corrections. © 2016, SAGE Publications.

Discussion Questions What is the significance of Old Newgate Prison? What distinguishes this structure from the penitentiary wing added to the Walnut Street Jail? Why is Old Newgate Prison important to correctional history in the United States? Explain how the classical school of criminology, behavioral psychology, and the field of corrections can be interrelated in reforming offender behavior. From end of chapter Hanser, Introduction to Corrections. © 2016, SAGE Publications.

Discussion Questions What are some key differences between the Philadelphia and Auburn prison systems? How did different regions differ in their approaches to prison operations? Compare at least two regions. What is meant by the Big Four in American corrections, and why is this important? From end of chapter Hanser, Introduction to Corrections. © 2016, SAGE Publications.

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Mobile-friendly quizzes Mobile-friendly eFlashcards Learning objective summaries Video and multimedia resources SAGE journal articles Hanser, Introduction to Corrections. © 2016, SAGE Publications.

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