CHAPTER III – CONCERNING MIXED PRINCIPALITIES Excerpts from The Prince by Niccolo Machiavelli.
Review First large change in corrections was from private to public ◦First “principalities” in...
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Transcript of Review First large change in corrections was from private to public ◦First “principalities” in...
ReviewReview
First large change in corrections was from private to public ◦First “principalities” in 12th Century
Shift from private to territorial lords◦By 1500, government “corrections” overcomes
traditions of private restitution and/or revenge Punishments very public, and brutal/bizarre In part, an effort to demonstrate that the
government has a monopoly on the “legitimate” use of violence
Review IIReview II
Eventually, corrections changes into the form we recognize today
No more molten lead down the front of the shirt, but still corporal punishment
Punishment becomes less “public” Why?? Spierenburg’s explanation?
Transformation of sensibilities (Enlightenment) State no longer needs to prove itself
Review III (Stuff I forgot)Review III (Stuff I forgot)
Between Medieval and Colonial AmericaEngland
◦Corporal, Capital◦Transportation◦Pre-Prisons
Prison Hulks Debtor’s Prisons Houses of Corrections
◦ John Howard as first major “prison reformer”
Colonial AmericaColonial America(1600-1750)(1600-1750)
Nature of Society◦Calvinist doctrine
Crime not a “problem” (fact of life) Control through family training/community cohesion
Nature of Punishment◦Borrow heavily from England, So...central
features are same: Corporal Public Sparse use of prisons
Enlightenment and ChangeEnlightenment and Change (1770s-1820) (1770s-1820)
Population boom and shift from agrarian to industrial economy
EnlightenmentProduces alarm/dismay but also optimism
◦First “burst of enthusiasm” (deterrence) Reform the legal code Substitute prisons for corporal punishment
◦First wave of prison building (1790-1800)◦“A repulsion from the gallows rather than any faith
in the penitentiary spurred the late-18th Century construction”
The Second Major Shift in The Second Major Shift in CorrectionsCorrections
Prison displaces corporal/capital punishment as the primary form of corrections ◦Stump the Chump
Philadelphia Reformers (Philadelphia Society for the Alleviating the Miseries of Prisons)◦Dr. Benjamin Rush ◦Ben Franklin
From deterrence to penance From deterrence to penance (1820-1850) (1820-1850)
By 1820, the luster of the classical school (and associated reforms) fades◦No crime reduction, trouble with prisons◦Still, very optimistic (“impulse to reform”)
The Invention of the Penitentiary ◦A “PROPER” penitentiary will reform offenders
PN vs. Auburn debate◦Reflects new understanding of cause of crime
Eastern Penitentiary (1829-1970)Eastern Penitentiary (1829-1970)
Pennsylvania Model = reform through penance, solitude, silence, labor
The Great DebateThe Great Debate
Pennsylvania Separate AND Silent model gets competition
Auburn (New York)◦Auburn Prison opens in 1818, adopts Walnut St. Jail
(to become PN model) ideas in 1821 Not a good architectural fit, other problems…
◦Reform through discipline/obedience, labor (inmates congregate to work, but lockstep, etc) Contract labor system
Not much of a “Debate,” but Auburn Model wins out…..WHY?
Southern/Western PenologySouthern/Western Penology
Often neglected topic in corrections textsCorrections less centralized
◦Justice dispensed at county level (not state)Prisons develop differently
◦In South, race and the “Black codes”◦Economic differences
Little $ to build prisons (civil war decimation) Different economy
◦The “LEASE SYSTEM”◦Penal Farms
The New Penology The New Penology (1870-1900)(1870-1900)
By 1860, enthusiasm for penitentiaries wanes ◦Corruption, corporal punishment, crowding...
Wardens give up on ideal and seek to maintain order1870 National Prison Congress
◦Leads to “Declaration of Principles” Reaffirm reform over punishment Indeterminate sentences Parole Separate institutions for females and juveniles
◦The lockstep, rules of silence, isolation, etc = humiliating and unproductive
◦Elmira as “test case” for new “Reformatory”
Progressive EraProgressive Era1900-19601900-1960
Progressives = middle/upper class reformers◦Great optimism + belief in government◦Sought to eradicate all sorts of social ills◦Crime?
General reform (poverty reduction, fix slums) Embrace new penology
◦ Indeterminate sentences + parole boards/supervision◦ Juvenile Justice System◦Probation
The Medical Model and The Medical Model and “Rehabilitative Ideal” “Rehabilitative Ideal”
By 1940s, social sciences gain prestige◦Psychiatry, psychology, sociology
Rehabilitative Ideal (1940s-1960s) Causes of crime are unique (social, psychological) The goal of corrections is to identify and
eliminate/correct these causes (rehabilitation) Treatment must be individualized
◦Corrections workers and judges must be trusted with a great deal of discretion
1960s Corrections becomes 1960s Corrections becomes professionalizedprofessionalized
Rehab as unquestioned goal (in rhetoric at least) of Corrections system◦American Corrections Association (from
American Prison Association)◦Correctional Facilities
Standards for “correctional officers”All kinds of new Rx programs
◦College education, group counseling, therapeutic milieu, behavior modification
ProgressivesProgressives Radicals, Radicals, Change...Change...(1960s-1980)(1960s-1980)
Social Context of 1960s◦Contrast with “progressive optimism/faith”◦Many progressives turn more radical
Labeling theory ascends avoid “doing harm” Martinson Report “nothing works”
◦Liberals embrace the “JUSTICE MODEL” ◦Conservatives have different take on ’60s
Crime = symbol of all the “DISORDER” Solution = go back to classical school
Uneasy AllianceUneasy Alliance
Conservatives and liberals agree on:◦The need to limit sentencing discretion
Conservatives = liberal judges Liberals = corrupt, racist judges/parole boards Solution = return to determinate sentencing,
sentencing guidelines, etc◦Only difference is on length of sentences
Liberals = do less harm, be fair (justice model) Conservatives = punishment WORKS!
The Crime Control EraThe Crime Control Era
1975-2000◦Prison as Crime Prevention
Sentencing Guidelines/Policy◦Punishment Programs◦Political Rhetoric
What Era Now? What Era Now?
Liberals◦Rehabilitation◦Restorative Justice
Conservatives?◦Problem Oriented Policing◦Zeal for prison has waned