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Chapter 3

Chapter 3. The History of Corrections in America. The History of Corrections. The Colonial Period The Arrival of the Penitentiary The Pennsylvania System The New York ( Auburn ) System Debating the Systems Development or Prisons in the South and West Southern Penology

Solomon
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Chapter 3

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  1. Chapter 3 The History of Corrections in America

  2. The History of Corrections • The Colonial Period • The Arrival of the Penitentiary • The Pennsylvania System • The New York ( Auburn ) System • Debating the Systems • Development or Prisons in the South and West • Southern Penology • Western Penology • The Reformatory Movement • Cincinnati, 1870 • Elmira Reformatory • Lasting Reforms

  3. The History of Corrections Cont. • The Rise of the Progressives • Individualized Treatment and the Positivist School • Progressive Reforms • The Rise of the Medical Model • From Medical Model to Community Model • The Crime Control Model: The Pendulum Swings Again • The Decline of Rehabilitation • The Emergence of Crime Control

  4. Evolution of punishment in America, 1600 – 2000 Flow Chart Crime Control Model 1970s - 2000 Medical Model 1930s - 1960s Community Model 1960s - 1970s Progressive Period 1890s - 1930s Colonial Period 1600s - 1790s Reformatory Movement 1870s - 1890s Prisons in South & West 1800’s Arrival of the Penitentiary 1790s - 1860s

  5. William Penn • William Penn (1644–1718) English Quaker who arrived in Philadelphia in 1682. Succeeded in getting Pennsylvania to adopt “The Great Law” emphasizing hard labor in a house of correction as punishment for most crimes

  6. “Penitentiary” • an institution intended to isolate prisoners from society and from one another so that they could reflect on their past misdeeds, repent, and thus undergo reformation.

  7. Benjamin Rush • Benjamin Rush (1745–1813) Physician, patriot, signer of the Declaration of Independence, and social reformer, Rush advocated the penitentiary as replacement for capital and corporal punishment.

  8. principles of the “penitentiary” • isolate prisoner from bad influences of society - liquor, temptation, people • penance & silent contemplation • productive labor • reform (thinking & work habits) • return to society, renewed • key = solitary confinement • isolate from contagion • foster quiet reflection • punishment, since man is social animal • cheap  shorter sentence, fewer guards

  9. “Separate Confinement” • A penitentiary system developed in Pennsylvania in which each inmate was held in isolation from other inmates, with all activities, including craft work, carried on in the cells.

  10. Pennsylvania system “Separate system” solitary confinement eat, sleep, work in cell religious instruction reflection upon crimes reform through salvation religious enlightenment model for Europe e.g. Walnut St. Jail Western Penitentiary Eastern State Pen. competing models

  11. Pennsylvania system “Separate system” solitary confinement eat, sleep, work in cell religious instruction reflection upon crimes reform through salvation religious enlightenment model for Europe e.g. Walnut St. Jail Western Penitentiary Eastern State Pen. New York system evolved into “Congregate system” hard labor in shops-day solitary confinement-night strict discipline rule of silence reform through good work habits discipline model for US-economical e.g., Auburn Prison, 1816 competing models

  12. and the winner is…? • Pennsylvania/Philadelphia model • Europeans applauded and replicated • New York/Auburn model • won out in US; more cost-effective labor; state negotiated contracts with manufacturers • but neither curbed crime nor reformed offr’s • various reforms tinkered w/ look, purpose • but icon of high-walled fortress remained: Attica, Quentin, Folsom, Sing Sing

  13. Southern penology • Devastation of war and economic hardship produced 2 results: • Lease system • Private business negotiated with state for labor & care of inmates--Kentucky (1825) • Penal farms • State-run plantations which grew crops • To feed inmates • To sell on free market

  14. Western developments • penology in west not greatly influenced by the ideologies of the east • prior to statehood, prisoners held in territorial facilities or in federal military posts and prisons • 1852: San Quentin - California’s 1st prison • 1877: Salem, Oregon prison - Auburn model • western states discontinued use of lease system as states entered into the union • e.g. Oregon, California, Montana, Wyoming

  15. the Reformatory Movement(1870s - 1890s) • product of disillusionment with oppressive penitentiary system • focus remained  inmate change! • key features: • indeterminate sentences > fixed • offender classification should be based on character & institutional behavior • use early release as incentive to reform

  16. Hallmarks of the reformatory movement • National Prison Association • precursor: American Correctional Asso. • strong religious influence (still) • Cincinnati meeting,1870 Declaration of Principles “reformation is a work of time: and a benevolent regard to the good of the criminal himself, as well as to the protection of society, requires that his sentence be long enough for the reformatory process to take effect.” • e.g., Machonochie, Crofton, Brockway

  17. “Reformatory” • an institution for young offenders emphasizing training, a mark system of classification, indeterminate sentences, and parole

  18. “mark system” • a system for calculating when an offender will be released from custody, based on both the crime & his behavior in prison • devised by Alexander Maconochie (England), at Norfolk Island penal settlement (off Australia, 1840) • at sentencing, offender is ‘given’ a number of “marks,” based on offense severity(a “debt” to society, to be “paid” off) • for release, offender must earn marks via • voluntary labor • participation in educational, religious programs • good behavior • adopted in Ireland, never England

  19. the Irish system • developed by Sir Walter Crofton • derived from Maconochie’s mark system • four-stage program of graduated release, based on offender performance • all sentences served in four stages; move “up” w/ accumulation of marks 1.  solitary confinement - all start here 2.  public works prison - begin earning marks 3.  intermediate stage - (like half-way house)after earning enough marks 4.  ticket of leave - conditional release= precursor of modern parole

  20. “reformatory”Zebulon Brockway • an institution for young offenders emphasizing training, a mark system of classification, indeterminate sentences, and parole: 1st time felons (16-30) • diagnosis, individualized treatment, reform • operation: • intake interview: determine causes of crime • individualized work & education program • mark system of classification(work, school, behavior).move up OR down, with accumulation of marks: • begin at grade 2 • can earn 9 marks/mo. for 6 months: •  grade 1; or •  grade 3; • then, 3 mo. good behavior:  grade 2 again. • administrators determine release date • Elmira Reformatory (Zebulon Brockway; 1876-1900)

  21. Reformatory movement ends • failed to reform (like penitentiary) • brutality • corruption • not administered as planned • but, important features survived: • inmate classification • rehabilitation programs • indeterminate sentences • parole

  22. the Progressive Era(1890s - 1930s) • age of reform: set tone for American social thought & political action until 1960s! • condemned ills of new urban society--big business, big industry, urban blight • faith in science to find answers to crime, criminal behavior, treatment • new faith in government action to eliminate social problems--slums, crime • trends of period • industrialization • urbanization • technological change • scientific advancement

  23. the “Progressives” • socially conscious, politically active, mostly upper-class reformers of early 1900s • attacked excesses of emergent 20th century - big business, industry, urban society • believed science (positivism) + state intervention could/should solve social & political problems • advocated “treatment according to the needs of the offender,” not “punishment according to severity of the crime” • subscribed to “positivism”

  24. “positivist school” • an approach to criminology and other social sciences based on the assumption that human behavior is a product of biological, economic, psychological, and social factors, and that the scientific method can be applied to ascertain the causes of individual behavior • subscribed to by Progressives

  25. principles of Positivist School • behavior (including crime) is NOT the product of free will. • behavior stems from factors beyond control of the individual • criminals can be treated so they can lead crime-free lives. • treatment must focus on the individual & his/her problem(s).

  26. “progressive” reforms • 2 strategies for CJ reform: improve general social, economic conditionsthat seem to breed crime rehabilitate individual offenders • 4 planks in “progressive” platform: • probation (John Augustus, 1841) • indeterminate sentencing (by 1920s, 37 states) • parole (by 1920s, 44 states; 80% of releases) • juvenile courts (1899, Cook County) • By 1970s, most of these enlightened & well-meaning reforms seen as having failed to live up to their promise

  27. The Medical Model(1930s - 1960s) • a model of corrections positing that criminal behavior is caused by social, psychological, biological deficiencies that require medical treatment • first serious efforts to implement truly medical strategies aimed at scientifically classifying, treating, rehabilitating criminal offenders • e.g. “medical” programs & institutions • psychology (Karl Menninger) • Maryland Patuxent Institution, 1955 • sexual psychopath, sociopath laws • crime as sickness

  28. The Community Model(1960s - 1970s) • model of corrections positing goal of CJS: to reintegrate offender into community • key features • prisons should be avoided; prison = artificial environment; prison frustrates crime-free lifestyle • need to focus on offender’s adjustment into society; not just on psychological treatment • probation • intermediate sanctions;(alternatives to incarceration) • parole

  29. The Crime Control Model(1970s - 2000) • less ambitious, less optimistic, less forgiving view of man & ability of CJS to change him • crime better controlled by more incarceration & strict supervision • precipitating factors • public concern over rising crime in ‘60s • disillusionment with treatment • public clamor for longer sentences • distrust of broad discretion given to correctional & parole authorities

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