1. © 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill Chapter 2 Punishments: A Brief History 1

2. © 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill Ancient Punishments Documented in: Documented in: The writings of ancient Greek orators, poets, and philosophers. The writings of ancient Greek orators, poets, and philosophers. Ancient Hebrew history: the Bible. Ancient Hebrew history: the Bible. The Roman Twelve Tables, published in 451 B.C. The Roman Twelve Tables, published in 451 B.C. 2

3. © 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill Physical Punishments Flogging (whipping) Flogging (whipping) The cat-o’-nine-tails, which had nine knotted cords fastened to a wooden handle. The cat-o’-nine-tails, which had nine knotted cords fastened to a wooden handle. The Russian knout, which had leather strips fitted with fish hooks. The Russian knout, which had leather strips fitted with fish hooks. Branding Branding Criminals were branded with a mark or letter signifying their crimes. Criminals were branded with a mark or letter signifying their crimes. Mutilation Mutilation Lex talionis Lex talionis 3

4. © 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill Physical Punishments - Continued Instant Death Instant Death Beheading, Hanging, Garroting Beheading, Hanging, Garroting Frequently reserved for nobility Frequently reserved for nobility Lingering Death Lingering Death Burning alive, breaking on the wheel Burning alive, breaking on the wheel Torture Torture The rack, cording, and using red hot pincers to pull flesh away. The rack, cording, and using red hot pincers to pull flesh away. 4

5. © 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill Physical Punishments - Continued Exile and Transportation Exile and Transportation A 1597 English law authorized the transportation of convicts to newly discovered lands. A 1597 English law authorized the transportation of convicts to newly discovered lands. Public Humiliation Public Humiliation The stocks and the pillory The stocks and the pillory Confinement Confinement 5

6. © 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill Exile and Transportation England passed laws to allow prisoners to be housed aboard hulks. England passed laws to allow prisoners to be housed aboard hulks. When this proved impractical, the convict population started to be shifted to Australia. When this proved impractical, the convict population started to be shifted to Australia. New South Wales, Norfolk Island, and Van Diemen’s Land – n/k/a Tasmania New South Wales, Norfolk Island, and Van Diemen’s Land – n/k/a Tasmania In 1791 France was transporting prisoners to Madagascar, New Caledonia, the Marquesas Islands, and French Guiana. In 1791 France was transporting prisoners to Madagascar, New Caledonia, the Marquesas Islands, and French Guiana. Devil’s Island functioned as a prison until 1951. Devil’s Island functioned as a prison until 1951. 6

7. © 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill Incarceration Pieter Spierenburg Pieter Spierenburg Bondage: “any punishment that puts severe restrictions on the condemned person’s freedom of action and movement, including, but not limited to, imprisonment.” Bondage: “any punishment that puts severe restrictions on the condemned person’s freedom of action and movement, including, but not limited to, imprisonment.” 7

8. © 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill The House of Correction (1550 – 1700) First workhouse in England was called Bridewell. First workhouse in England was called Bridewell. At first prisoners in workhouses were paid for their work. At first prisoners in workhouses were paid for their work. Became informal repositories for those the community regarded as “inconvenient” (e.g., the mentally ill, irresponsible, or deviant). Became informal repositories for those the community regarded as “inconvenient” (e.g., the mentally ill, irresponsible, or deviant). 8

9. © 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill The Emergence of the Prison Two main elements fueled the development of prisons as we know them today: A philosophical shift away from punishment of the body, toward punishment of the soul or human spirit; and The passage of laws preventing imprisonment of anyone but criminals. 9

10. © 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill The Emergence of Prisons Prisons, as institutions in which convicted offenders spend time as punishment for crimes, are relatively modern. Prisons, as institutions in which convicted offenders spend time as punishment for crimes, are relatively modern. Prisons resulted from growing intellectualism in Europe and America (the Age of Enlightenment), and in reaction to the barbarism of corporal punishment. Prisons resulted from growing intellectualism in Europe and America (the Age of Enlightenment), and in reaction to the barbarism of corporal punishment. 10

11. © 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill William Penn (1644-1718) Founder of Pennsylvania Founder of Pennsylvania Was confined in the Tower of London for the crime of promoting the faith. Was confined in the Tower of London for the crime of promoting the faith. While imprisoned he wrote No Cross, No Crown. While imprisoned he wrote No Cross, No Crown. Influenced the “Great Act” of 1682, through which the Pennsylvania Quakers reduced capital offenses to the single crime of premeditated murder and abolished all corporal punishments. Influenced the “Great Act” of 1682, through which the Pennsylvania Quakers reduced capital offenses to the single crime of premeditated murder and abolished all corporal punishments. 11

12. © 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill John Howard (1726-1790) Was taken prisoner by pirates on a trip to Portugal. Was taken prisoner by pirates on a trip to Portugal. Appointed High Sheriff of Bedfordshire in 1773. Appointed High Sheriff of Bedfordshire in 1773. Began arguing for the abolishment of spiked collars and chains. Began arguing for the abolishment of spiked collars and chains. In his 1777 work The State of the Prisons in England and Wales he described clean and well- run institutions in which prisoners were kept busy doing productive work. In his 1777 work The State of the Prisons in England and Wales he described clean and well- run institutions in which prisoners were kept busy doing productive work. 12

13. © 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill Cesare Beccaria (1738–1794) Formed the Academy of Fists, which took as its purpose the reform of the criminal justice system. Formed the Academy of Fists, which took as its purpose the reform of the criminal justice system. In his 1764 essay On Crimes and Punishment he outlined a utilitarian approach; rejected torture as a form of punishment; rejected ex post facto laws; argued against the use of secret accusations; advocated swift punishment for its deterrent value; and supported moderate punishment proportional to the offense. In his 1764 essay On Crimes and Punishment he outlined a utilitarian approach; rejected torture as a form of punishment; rejected ex post facto laws; argued against the use of secret accusations; advocated swift punishment for its deterrent value; and supported moderate punishment proportional to the offense. 13

14. © 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill Jeremy Bentham (1748–1832) Advocated utilitarianism, the principle that the highest objective of public policy is the greatest happiness for the largest number of people. Advocated utilitarianism, the principle that the highest objective of public policy is the greatest happiness for the largest number of people. His idea that people are motivated by pleasure and pain and that the proper amount of punishment can deter crime gave rise to the “hedonistic calculus.” His idea that people are motivated by pleasure and pain and that the proper amount of punishment can deter crime gave rise to the “hedonistic calculus.” Inventor of the panopticon. Inventor of the panopticon. 14

15. © 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill Bentham’s Hedonistic Calculus People by nature choose pleasure and avoid pain. People by nature choose pleasure and avoid pain. Each individual calculates the degree of pleasure or pain to be derived form a given course of action. Each individual calculates the degree of pleasure or pain to be derived form a given course of action. Lawmakers can determine the degree of punishment necessary to deter criminal behavior. Lawmakers can determine the degree of punishment necessary to deter criminal behavior. Such punishment can be effective and rationally built into a system of criminal sentencing. Such punishment can be effective and rationally built into a system of criminal sentencing. 15

16. © 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill Sir Samuel Romilly (1757–1818) Entered Parliament in 1806. Entered Parliament in 1806. Fought to “get the gentleness of the English character expressed in its laws” through reduction of the number of capital crimes under English law. Fought to “get the gentleness of the English character expressed in its laws” through reduction of the number of capital crimes under English law. His work inspired others to recognize the need for alternatives to capital punishment as a means of dealing with the majority of criminal offenders. His work inspired others to recognize the need for alternatives to capital punishment as a means of dealing with the majority of criminal offenders. 16

17. © 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill Sir Robert Peel (1788–1850) Sir Robert Peel (1788–1850) British Parliamentary leader. British Parliamentary leader. Strongly influenced by Sir Samuel Romilly and Jeremy Bentham Strongly influenced by Sir Samuel Romilly and Jeremy Bentham Influenced the development of policing worldwide through the organizational structure he employed in establishing the London Metropolitan Police Force. Influenced the development of policing worldwide through the organizational structure he employed in establishing the London Metropolitan Police Force. Identified the fundamental functions of policing as the investigation of crime and the apprehension of criminals. Identified the fundamental functions of policing as the investigation of crime and the apprehension of criminals. Punishment, he said, should not be imposed by the police, but by specialists in the field of penology. Punishment, he said, should not be imposed by the police, but by specialists in the field of penology. 17

18. © 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill Elizabeth Fry (1780–1845) Motivated by strong Quaker faith to “expose the plight of women in prison” and fight for better conditions. Motivated by strong Quaker faith to “expose the plight of women in prison” and fight for better conditions. Believed women prisoners were more likely than men to change, and saw appeals “to the heart” as a promising approach for achieving rehabilitation. Believed women prisoners were more likely than men to change, and saw appeals “to the heart” as a promising approach for achieving rehabilitation. 18

19. © 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill Mary Belle Harris (1874–1957) First warden of the Federal Institution for Women in Alderson, West Virginia, she advocated correctional reforms and supported the reformation ideal. First warden of the Federal Institution for Women in Alderson, West Virginia, she advocated correctional reforms and supported the reformation ideal. Harris argued in favor of reformation, not punishment, as the primary focus of most correctional institutions/programs. Harris argued in favor of reformation, not punishment, as the primary focus of most correctional institutions/programs. 19

20. © 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill Sanford Bates Bates was the first director of the Federal Bureau of Prisons (BOP). Bates was the first director of the Federal Bureau of Prisons (BOP). Bates wrote that “the perplexing problem confronting the prison administrator of today is how to devise a prison so as to preserve its role of a punitive agency and still reform the individuals who have been sent there.” Bates wrote that “the perplexing problem confronting the prison administrator of today is how to devise a prison so as to preserve its role of a punitive agency and still reform the individuals who have been sent there.” Bates believed in rehabilitation and in the value of inmate labor. Bates believed in rehabilitation and in the value of inmate labor. 20

21. © 2009 The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill George Beto Former director of Texas Department of Corrections, he believed in the goal of rehabilitation. Former director of Texas Department of Corrections, he believed in the goal of rehabilitation. Beto drew special attention to the importance of preparing inmates for release back into society. Beto drew special attention to the importance of preparing inmates for release back into society. 21