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Chapter XII
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Chapter XII

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  1. Chapter XII • Prisons and Jails

  2. Early Punishments • Flogging • Mutilation • Branding • Public Humiliation • Workhouses • Exile

  3. Flogging Through Middle Ages most widely used form of punishment in England Used by American colonists as well as on the Western frontier Last officially sanctioned flogging in U.S. – Delaware – June 16, 1952 – burglar received 20 lashes Early Punishments

  4. 11th century England – blinding, cutting off of ears, ripping out tongues of individuals who poached on the King’s land Amputation has been part of some societies by: cutting hands off of thieves blinding spies castrating rapists removing tongues of blasphemers breaking fingers of pickpockets Early Punishments:Mutilation

  5. Early Romans, Greeks, French, and British used branding Served to readily identify individuals who had been convicted of some offense 1829 – British Parliament outlawed branding Early Punishments:Branding

  6. U.S. – branding was customary in the colonies first offenders branded on the hand repeat offenders branded on the forehead women were rarely branded – instead they were shamed and forced to wear marks on their clothing Early Punishments:Branding

  7. Ducking stool – a see-saw device to which offender is tied and lowered into a lake or river Brank – birdcage like contraption that fit over head. Door on front by mouth is fitted with a razor blade which enters mouth when door is closed Early Punishments:Public Humiliation

  8. Stock – person sits with hands locked in a wooden structure – head is free Pillory – person forced to stand because of wooden structure that closed over head and hands Early Punishments:Public Humiliation

  9. Early Punishments:Workhouses Early form of imprisonment designed to foster habits of industry in the poor • 1557 – first workhouse opens in England • Former British palace called St. Bridget’s Well • nickname “Brideswill” which became synonym for workhouse

  10. Practice of sending offenders out of country Hebrews sent goat carrying sins of man into desert to be exiled French sent offenders to Devil’s Island Russia sent dissidents to Serbia England sent offenders to the colonies beginning in 1618 – program called “transportation” American revolution stopped practice of transportation Early Punishments:Exile

  11. Early Prisons:Middle Ages First prison existed in Europe – 1400 & 1500s – for debtors

  12. Philadelphia Converted to prison by Quakers Study of bible was primary method Goal was to provide religion and humanity to imprisoned Offenders held in solitary confinement Penitentiary Era (1790-1825):Walnut Street Jail

  13. Philadelphia Became known as the “Pennsylvania System” Handicrafts were introduced allowing prisoners to work in their cells Penitentiary Era (1790-1825):Walnut Street Jail

  14. Penitentiary Era (1790-1825) • 1826 – Western Penitentiary opened in Pittsburgh, PA • 1829 - Eastern Penitentiary opened in Cherry Hill, PA • Other states followed: Vermont Massachusetts Maryland New York

  15. Introduced “congregate,” but, silent style Offenders ate, lived, and worked together in silence Corporal punishment was used for rule violators From 1825 onward – most prisons built in U.S. followed Auburn system Became known as the “Auburn System” New York State Prison at Auburn Mass Prison Era (1825-1876)

  16. Reformatory Era (1876-1890) Based upon use of indeterminate sentence and belief in rehabilitation Reformatory movement is the result of the work of two men: • Captain Alexander Maconochie • Sir Walter Crofton

  17. Reformatory Era (1876-1890):Captain Alexander Maconochie • Warden of Norfolk Island prison off of coast of Australia in 1840s • prisoners at Norfolk were “doubly condemned” • They had been “transported” to Australia because of crimes they had committed and then they committed additional crimes while in Australia

  18. Reformatory Era (1876-1890):Captain Alexander Maconochie • prisoners at Norfolk were “doubly condemned” (con’t.) • Maconochie developed “mark system” • prisoners could earn credits to buy their freedom • negative behavior caused marks to be lost Mark system constituted first “early release” program • Maconochie became known as “father of parole”

  19. Reformatory Era (1876-1890):Sir Walter Crofton • Head of Irish Prison System • Adapted Maconochie’s early release program • Set up four-stage program • Entry stage– offenders placed in solitary confinement and given simple, unmotivating work

  20. Reformatory Era (1876-1890):Sir Walter Crofton • four-stage program (con’t.) • Second stage – offenders worked on fortifications at Spike Island where they were housed • Field Unit stage – offenders worked on public service projects in the community

  21. Reformatory Era (1876-1890):Sir Walter Crofton • four-stage program (con’t.) • Ticket of Leave stage – allowed offenders to live and work in community under occasional supervision of “moral instructor”

  22. Reformatory Era (1876-1890):Sir Walter Crofton Ticket of Leave could be revoked at any time and offender would serve remaining time of sentence in prison Crofton believed that reintegration into community was necessary for success of rehabilitation

  23. Reformatory Era (1876-1890):Elmira Reformatory (1876) Zebulon Brockway was warden at Elmira A leading advocate of the indeterminate sentence Elmira accepted only first time offenders between ages 16-30

  24. Reformatory Era (1876-1890):Elmira Reformatory (1876) System of graded stages requiring offenders to meet goals in: • education • behavior • other appropriate goals

  25. Reformatory Era (1876-1890):Elmira Reformatory (1876) Training made available in such areas as: • telegraphy • tailoring • plumbing • carpentry • The movement proved to be a failure

  26. Southern Prisons Farm labor Public works projects Goal – to maximize use of offender labor movement began in industrial northeast U.S. Northern Prisons Smelted steel Made furniture Molded tires Industrial Prison Era: (1890-1935)

  27. Types of Offender Labor Systems Contract system Piece-price system Lease system Public account system State use system Public works Industrial Prison Era: (1890-1935)

  28. Piece-price system Goods produced for private business inside of prison Prisoners paid according to number and quality of goods they produced Contract system Private business paid for rent of inmate labor Private business provided raw materials and supervised manufacturing process inside of prison Industrial Prison Era: (1890-1935)

  29. Lease system Prisoners taken outside of prison to work Once at work site – private business people took over supervision and employed prisoners Public account system Industries owned entirely by prisons Prisons handled manufacturing of goods from beginning to end Finished goods sold on free market Industrial Prison Era: (1890-1935)

  30. Public Works system Prisoners maintained public roadways, cleaned public parks, maintained and restored public buildings State Use system Prisons manufactured goods ONLY for use by the prison or government agencies Prisons could NOT compete on the free market because of inexpensive labor advantage Industrial Prison Era: (1890-1935)

  31. Required prison goods to conform to regulations of the states through which they were shipped States that outlawed manufacture of free market goods in their own prisons thereby prevented shipment of prison made goods from other states under this act Act came about as a result of complaints by labor that they could not compete with cheap prison labor Industrial Prison Era: (1890-1935)Hawes-Cooper Act (1929)

  32. Specifically prohibited interstate transportation and sale of prison made goods where prohibited by state law Act came about partly as a result of the Depression Ashurst-Sumners Act effectively ended industrial prison era Industrial Prison Era: (1890-1935)Ashurst-Sumners Act (1935)

  33. With moratorium on prison industries – prisons reverted back to custody and security as main goals Large maximum security prisons evolved in rural “out-of-sight” locations Punitive Era (1935-1945)

  34. Development of behavioral techniques in 1930s and 1940s brought about concept of treatment in prisons Treatment based on “medical model” Individual and group therapy programs evolved Treatment Era (1945-1967)

  35. Types of therapy programs: Behavioral therapy Chemotherapy Neurosurgery Sensory deprivation Aversion therapy Treatment Era (1945-1967)

  36. Behavioral therapy structured to provide rewards for approved behavior while punishing inappropriate behavior Chemotherapy Use of drugs – especially tranquilizers to modify behavior Treatment Era (1945-1967)

  37. Neurosurgey Used to control aggressive behavior and destructive urges – frontal lobotomies were part of this approach Sensory deprivation Denial of stimulation by isolating prisoners in quiet, secluded environment Aversion therapy Drugs and/or electric shock used to teach prisoner to associate negative behavior with pain and displeasure Treatment Era (1945-1967)

  38. Community-Based Treatment Era (1967-1980) • Relies upon resources of community instead of prison • Plan is to keep offender in the community • Half-way house – community-based treatment program whereby individual lives at house but is allowed to go to work during the day

  39. State and federal prison populations, inmates v. capacity, 1980-1998 Source: Correctional Populations in the United States (Washington, DC: Bureau of Justice Statistics, various years)

  40. Half-wayIn Individuals who have been placed on probation and one condition is that they reside in the half-way house Half-wayOut Individuals on parole and one condition of their parole is that they reside at a half-way house Community-Based Treatment Era (1967-1980)

  41. U.S. prison population, historical and projected growth, 1960-2002 Source: “Inmate Population Expected to Increase by 43% by 2002,” Corrections Compendium, April 1996 and Prisoners in 1998, A. Beck and C.J. Mumola (Washington, D.C.: Bureau of Justice Statistics, 1999)

  42. Robert Martinson “Nothing Works” Study (1974) Surveyed 231 research studies that evaluated correctional treatment programs between 1945-1967 None of the 231 programs appeared to substantially reduce recidivism Warehousing/Overcrowding Era (1980-1995)

  43. Warehousing/Overcrowding Era (1980-1995) Recidivism – The commission of another crime by an individual who has previously been convicted of a crime; the new crime may be the same or different from the first crime

  44. Warehousing/Overcrowding Era (1980-1995) Dimensions of overcrowding: Nearly 1,300,000 persons incarcerated at beginning of 1999 1999– Bureau of Justice Statistics Report • Federal prisons overcrowding was approximately 27% • State level, overcrowding running between 13% and 22%

  45. Warehousing/Overcrowding Era (1980-1995) Definitions of Prison Capacity Design Capacity – the prison population the institution was originally built to handle Operational Capacity – the number of prisoners a facility can effectively accommodate basedon the staff and programs of the facility Rated Capacity – refers to size of the prison population that a facility can handle according to the judgment of experts

  46. Imprisonment is seen as fully deserved and a proper consequence of criminal behavior Root purpose of imprisonment is punishment Just Deserts Era (1995-present)

  47. Reductions in – personal property allowed restrictions on outside purchases elimination of cable TV abolish family visits no more special occasion banquets 1995 – Virginia abolishes parole, increased the length of sentences for certain violent crimes, and planned building of 12 new prisons 1995 – 28 states reported a decrease in prisoner privileges during previous 12 months Just Deserts Era (1995-present)

  48. Approximately 1,000state prisons 80 federal prisons 461 state and federal prisoners per 100,000 population On January 1, 1999 – state and federal prisons held 1,302,019 inmates Male incarceration rate – 995 per 100,000 males Femaleincarceration rate – 51 per 100,000 females Prisons Today:Numbers and Types of Prisons

  49. U.S. incarceration by race and sex, Source: Bureau of Justice Statistics

  50. Whites – 868 incarcerated per 100,000 white males in their late 20s Blacks – 8630 incarcerated per 100,000 black males in their late 20s Prisons Today:Race