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  • 1. Chapter 2 Punishments: A Brief HistoryMcGraw-Hill/Irwin 2013 McGraw-Hill Companies. All Rights Reserved.

2. Ancient Punishments Documented in: The writings of ancient Greek orators,poets, and philosophers. Ancient Hebrew history: the Bible. The Roman Twelve Tables, published in451 B.C. 2-2 3. Ancient Israel 1. In the Old Testament punishments includedbanishment, beating, beheading, blinding, branding andburning, casting down from a high place, crushing,confiscation of property, crucifixion, cursing, cuttingasunder, drowning, exile, exposure to wild beasts,finding, flaying, hanging, imprisonment, mutilation,plucking of the hair, sawing asunder, scourging withthorns, slavery, slaying by spear or sword, use of thestocks, stoning, strangulation, stripes, and suffocation. 2. The purpose of physical punishment was primarilyrevenge.2-3 4. Ancient Greece 1. Due to the efforts of poets, playwrights, andphilosophers, the Greek city-states provide the earliestevidence that public punishment is part of the Westerntradition. 2. Many early crimes were punished by execution,banishment, or exile. 3. Other punishments in ancient Athens includedconfiscation of property, fines, and the destruction ofthe condemned offenders houses, public denunciation,shaming, imprisonment, and public display of theoffender. 2-4 5. Early Rome 1. The first written laws of Rome were issued in451 B.C. and called the Twelve Tables. 2. Conviction of some offenses requiredpayment of compensation, but the most frequentpenalty was death. 3. Different versions of death were given fordifferent crimes (e.g., arsonists were burned todeath).2-5 6. Physical Punishments Flogging (whipping) The cat-o-nine-tails, which had nine knottedcords fastened to a wooden handle. The Russian knout, which had leather stripsfitted with fish hooks. Branding Criminals were branded with a mark or lettersignifying their crimes. Mutilation Lex talionis2-6 7. Physical Punishments - Continued Instant Death Beheading, Hanging, Garroting Frequently reserved for nobility Lingering Death Burning alive, breaking on the wheel Torture The rack, cording, and using red hot pincers to pull flesh away.2-7 8. Physical Punishments - Continued Exile and Transportation A 1597 English law authorized the transportation of convicts to newly discovered lands. Public Humiliation The stocks and the pillory Confinement 2-8 9. Physical Punishments -Continued The Puritans, for example, sometimesburned witches and unruly slaves; madewide use of the stocks, the pillory, and theducking stool; branded criminal offenders;and forced women convicted of adultery towear scarlet letters.2-9 10. Exile and Transportation England passed laws to allow prisoners to be housedaboard hulks. When this proved impractical, the convict population started tobe shifted to Australia, New South Wales, Norfolk Island, andVan Diemens Land n/k/a Tasmania In 1791 France was transporting prisoners toMadagascar, New Caledonia, the Marquesas Islands,and French Guiana. Devils Island functioned as a prison until 1951. As late as 1990, Russia was the last remaining Westernnation to practice Transportation. Exile in Siberia from the early 17th century.2-10 11. Incarceration Pieter Spierenburg Bondage: any punishment that putssevere restrictions on the condemnedpersons freedom of action andmovement, including, but not limited to,imprisonment. 2-11 12. The House of Correction(1550 1700) First workhouse in England was calledBridewell. At first prisoners in workhouses were paidfor their work. Became informal repositories for those thecommunity regarded as inconvenient(e.g., the mentally ill, irresponsible, ordeviant). 2-12 13. 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. 2-13 14. The Emergence of the Prison Prisons, as institutions in which convictedoffenders spend time as punishment forcrimes, are relatively modern. Prisons resulted from growingintellectualism in Europe and America (theAge of Enlightenment), and in reaction tothe barbarism of corporal punishment.2-14 15. William Penn(1644-1718) Founder of Pennsylvania Was confined in the Tower of London for thecrime of promoting the faith. While imprisoned he wrote No Cross, No Crown. Influenced the Great Act of 1682, throughwhich the Pennsylvania Quakers reduced capitaloffenses to the single crime of premeditatedmurder and abolished all corporal punishments.2-15 16. John Howard (1726-1790) Was taken prisoner by pirates on a trip toPortugal. Appointed High Sheriff of Bedfordshire in 1773. Began arguing for the abolishment of spiked collarsand chains. In his 1777 work The State of the Prisons inEngland and Wales he described clean and well-run institutions in which prisoners were keptbusy doing productive work, as opposed to theabysmal state of actual English prisons.2-16 17. Cesare Beccaria (17381794) Formed the Academy of Fists, a circle ofintellectuals, which took as its purpose thereform of the criminal justice system. In his 1764 essay On Crimes and Punishmenthe outlined a utilitarian approach; rejectedtorture as a form of punishment; rejected ex postfacto laws; argued against the use of secretaccusations; advocated swift punishment for itsdeterrent value; and supported punishmentproportional to the offense. 2-17 18. Jeremy Bentham(17481832) Advocated utilitarianism, the principle thatthe highest objective of public policy is thegreatest happiness for the largest number ofpeople. His idea that people are motivated bypleasure and pain and that the properamount of punishment can deter crime gaverise to the hedonistic calculus. Inventor of the panopticon.2-18 19. Benthams Hedonistic Calculus People by nature choose pleasure and avoidpain. Each individual calculates the degree ofpleasure or pain to be derived from a givencourse of action. Lawmakers can determine the degree ofpunishment necessary to deter criminalbehavior. Such punishment can be effective and rationallybuilt into a system of criminal sentencing.2-19 20. Sir Samuel Romilly (17571818) Entered Parliament in 1806. Fought to get the gentleness of the Englishcharacter expressed in its laws throughreduction of the number of capital crimes underEnglish law. His work inspired others to recognize the needfor alternatives to capital punishment as ameans of dealing with the majority of criminaloffenders.2-20 21. Sir Robert Peel (17881850) British Parliamentary leader. Strongly influenced by Sir Samuel Romilly and JeremyBentham Influenced the development of policing worldwidethrough the organizational structure he employed inestablishing the London Metropolitan Police Force. Identified the fundamental functions of policing as theinvestigation of crime and the apprehension of criminals. Punishment, he said, should not be imposed by thepolice, but by specialists in the field of penology. Gaol Act of 1823 separated male and female prisoners,and mandated female prisoner supervision by females. 2-21 22. Elizabeth Fry (17801845) Motivated by strong Quaker faith to expose theplight of women in prison and fight for betterconditions. Believed women prisoners were more likely thanmen to change, and saw appeals to the heartas a promising approach for achievingrehabilitation. 2-22 23. Mary Belle Harris(18741957) First warden of the Federal Institution forWomen in Alderson, West Virginia, sheadvocated correctional reforms and supportedthe reformation ideal. Harris argued in favor of reformation, notpunishment, as the primary focus of mostcorrectional institutions/programs. 2-23 24. Sanford Bates Bates was the first director of the FederalBureau of Prisons (BOP). Bates wrote that the perplexing problemconfronting the prison administrator of today ishow to devise a prison so as to preserve its roleof a punitive agency and still reform theindividuals who have been sent there. Bates believed in rehabilitation and in the valueof inmate labor.2-24 25. George Beto Former director of Texas Department ofCorrections, he believed in the goal ofrehabilitation. Beto drew special attention to the importanceof preparing inmates for release back intosociety. Best known for developing the Texas ControlModel, strict rule enforcement designed tofoster discipline. 2-25