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Chapter 2
       Punishments:
       A Brief History




McGraw-Hill/Irwin        © 2013 McGraw-Hill Companies. All Rights Reserved.
Ancient Punishments
   Documented in:
       The writings of ancient Greek orators,
        poets, and philosophers.
       Ancient Hebrew history: the Bible.
       The Roman Twelve Tables, published in
        451 B.C.




                                                 2-2
Ancient Israel
   1. In the Old Testament punishments included
    banishment, beating, beheading, blinding, branding and
    burning, casting down from a high place, crushing,
    confiscation of property, crucifixion, cursing, cutting
    asunder, drowning, exile, exposure to wild beasts,
    finding, flaying, hanging, imprisonment, mutilation,
    plucking of the hair, sawing asunder, scourging with
    thorns, slavery, slaying by spear or sword, use of the
    stocks, stoning, strangulation, stripes, and suffocation.
   2. The purpose of physical punishment was primarily
    revenge.


                                                            2-3
Ancient Greece
   1. Due to the efforts of poets, playwrights, and
    philosophers, the Greek city-states provide the earliest
    evidence that public punishment is part of the Western
    tradition.
   2. Many early crimes were punished by execution,
    banishment, or exile.
   3. Other punishments in ancient Athens included
    “confiscation of property, fines, and the destruction of
    the condemned offenders’ houses,” public denunciation,
    shaming, imprisonment, and public display of the
    offender.

                                                           2-4
Early Rome
   1. The first written laws of Rome were issued in
    451 B.C. and called the Twelve Tables.
   2. Conviction of some offenses required
    payment of compensation, but the most frequent
    penalty was death.
   3. Different versions of death were given for
    different crimes (e.g., arsonists were burned to
    death).



                                                  2-5
Physical Punishments
   Flogging (whipping)
       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.
   Branding
       Criminals were branded with a mark or letter
        signifying their crimes.
   Mutilation
       Lex talionis

                                                        2-6
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
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
Physical Punishments -
              Continued
   The Puritans, for example, sometimes
    burned witches and unruly slaves; made
    wide use of the stocks, the pillory, and the
    ducking stool; branded criminal offenders;
    and forced women convicted of adultery to
    wear “scarlet letters.”




                                              2-9
Exile and Transportation
   England passed laws to allow prisoners to be housed
    aboard hulks.
       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
   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.
   As late as 1990, Russia was the last remaining Western
    nation to practice “Transportation”.
       Exile in Siberia from the early 17th century.

                                                                          2-10
Incarceration
   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.”




                                               2-11
The House of Correction
          (1550 – 1700)

   First workhouse in England was called
    Bridewell.
   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).

                                                 2-12
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
The Emergence of the Prison

   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.



                                                  2-14
William Penn
                    (1644-1718)
   Founder of Pennsylvania
   Was confined in the Tower of London for the
    crime of promoting the faith.
       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.


                                                        2-15
John Howard
                     (1726-1790)
   Was taken prisoner by pirates on a trip to
    Portugal.
   Appointed High Sheriff of Bedfordshire in 1773.
       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, as opposed to the
    abysmal state of actual English prisons.
                                                              2-16
Cesare Beccaria
                 (1738–1794)
   Formed the Academy of Fists, a circle of
    intellectuals, 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 punishment
    proportional to the offense.
                                                   2-17
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.
   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.


                                                    2-18
Bentham’s Hedonistic Calculus
   People by nature choose pleasure and avoid
    pain.
   Each individual calculates the degree of
    pleasure or pain to be derived from a given
    course of action.
   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.

                                                  2-19
Sir Samuel Romilly
                 (1757–1818)
   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.
   His work inspired others to recognize the need
    for alternatives to capital punishment as a
    means of dealing with the majority of criminal
    offenders.


                                                  2-20
Sir Robert Peel
                     (1788–1850)
   British Parliamentary leader.
   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.
   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.
   Gaol Act of 1823 separated male and female prisoners,
    and mandated female prisoner supervision by females.
                                                           2-21
Elizabeth Fry
                 (1780–1845)

   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.



                                                 2-22
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.
   Harris argued in favor of reformation, not
    punishment, as the primary focus of most
    correctional institutions/programs.



                                                   2-23
Sanford Bates
   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 believed in rehabilitation and in the value
    of inmate labor.

                                                    2-24
George Beto

   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.
   Best known for developing the “Texas Control
    Model”, strict rule enforcement designed to
    foster discipline.

                                               2-25

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Ppt chapter 2

  • 1. Chapter 2 Punishments: A Brief History McGraw-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 in 451 B.C. 2-2
  • 3. Ancient Israel  1. In the Old Testament punishments included banishment, beating, beheading, blinding, branding and burning, casting down from a high place, crushing, confiscation of property, crucifixion, cursing, cutting asunder, drowning, exile, exposure to wild beasts, finding, flaying, hanging, imprisonment, mutilation, plucking of the hair, sawing asunder, scourging with thorns, slavery, slaying by spear or sword, use of the stocks, stoning, strangulation, stripes, and suffocation.  2. The purpose of physical punishment was primarily revenge. 2-3
  • 4. Ancient Greece  1. Due to the efforts of poets, playwrights, and philosophers, the Greek city-states provide the earliest evidence that public punishment is part of the Western tradition.  2. Many early crimes were punished by execution, banishment, or exile.  3. Other punishments in ancient Athens included “confiscation of property, fines, and the destruction of the condemned offenders’ houses,” public denunciation, shaming, imprisonment, and public display of the offender. 2-4
  • 5. Early Rome  1. The first written laws of Rome were issued in 451 B.C. and called the Twelve Tables.  2. Conviction of some offenses required payment of compensation, but the most frequent penalty was death.  3. Different versions of death were given for different crimes (e.g., arsonists were burned to death). 2-5
  • 6. Physical Punishments  Flogging (whipping)  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.  Branding  Criminals were branded with a mark or letter signifying their crimes.  Mutilation  Lex talionis 2-6
  • 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, sometimes burned witches and unruly slaves; made wide use of the stocks, the pillory, and the ducking stool; branded criminal offenders; and forced women convicted of adultery to wear “scarlet letters.” 2-9
  • 10. Exile and Transportation  England passed laws to allow prisoners to be housed aboard hulks.  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  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.  As late as 1990, Russia was the last remaining Western nation to practice “Transportation”.  Exile in Siberia from the early 17th century. 2-10
  • 11. Incarceration  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.” 2-11
  • 12. The House of Correction (1550 – 1700)  First workhouse in England was called Bridewell.  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). 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 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. 2-14
  • 15. William Penn (1644-1718)  Founder of Pennsylvania  Was confined in the Tower of London for the crime of promoting the faith.  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. 2-15
  • 16. John Howard (1726-1790)  Was taken prisoner by pirates on a trip to Portugal.  Appointed High Sheriff of Bedfordshire in 1773.  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, as opposed to the abysmal state of actual English prisons. 2-16
  • 17. Cesare Beccaria (1738–1794)  Formed the Academy of Fists, a circle of intellectuals, 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 punishment proportional to the offense. 2-17
  • 18. 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.  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. 2-18
  • 19. Bentham’s Hedonistic Calculus  People by nature choose pleasure and avoid pain.  Each individual calculates the degree of pleasure or pain to be derived from a given course of action.  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. 2-19
  • 20. Sir Samuel Romilly (1757–1818)  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.  His work inspired others to recognize the need for alternatives to capital punishment as a means of dealing with the majority of criminal offenders. 2-20
  • 21. Sir Robert Peel (1788–1850)  British Parliamentary leader.  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.  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.  Gaol Act of 1823 separated male and female prisoners, and mandated female prisoner supervision by females. 2-21
  • 22. Elizabeth Fry (1780–1845)  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. 2-22
  • 23. 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.  Harris argued in favor of reformation, not punishment, as the primary focus of most correctional institutions/programs. 2-23
  • 24. Sanford Bates  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 believed in rehabilitation and in the value of inmate labor. 2-24
  • 25. George Beto  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.  Best known for developing the “Texas Control Model”, strict rule enforcement designed to foster discipline. 2-25