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1. historical foundations for community corrections

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CJCJ's Executive Director Daniel Macallair, is a practitioner-in-residence at San Francisco State University (SFSU)'s Department of Criminal Justice Studies. These slides are from his Community …

CJCJ's Executive Director Daniel Macallair, is a practitioner-in-residence at San Francisco State University (SFSU)'s Department of Criminal Justice Studies. These slides are from his Community Corrections and Sentencing course materials.

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  • 1. Historical Foundations of Modern Criminal Law Mitigation of Punishment 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 2. MitigationA reason for making a punishment less severe 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 3. Most Serious Crimes Throughout History – Crimes Against State• Treason• Witch Craft 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 4. Punishments Throughout History• Capital Punishment• Corporal Punishment• Shaming• Banishment• Enslavement 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 5. Ancient Origins• Code of Hammurabi• Greek Legal System• Roman Law 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 6. Hammurabi code (1700 BC)Lax talionis(principle of retaliation) 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 7. Greek laws and the question of severity • Draco (621 BC) • Solon (594 BC) 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 8. Roman Law• 12 Tables (451 BC)• Organized law enforcement (27 BC)• Justinian Code (518-565 AD) 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 9. Medieval Criminal LawControlling Crime Through Terror 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 10. Criminal penalties of the middle ages• Based on social status• Social control through fear and terror• Redemption and reformation not a consideration 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 11. Punishments under Anglo-Saxon Law• Trial by ordeal• Branding• Flogging• Mutilation• Execution 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 12. Medieval Origins of Probation: the Search for Moderation• Amercement• Benefit of Clergy• Reading of Psalm 51• Sanctuary• Abjuration• Pleading the belly• Judicial Reprieve 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 13. The Age of Enlightenment and the Origins Of Modern Criminal Law The Application of Reason and the Search for Humane Laws 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 14. William Penn (1644-1718)English Quaker, whoestablished Pennsylvaniacolony. Created Quaker Codeof 1682 (Great Law) thatintroduced more humanetreatment of criminal offenders. 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 15. MontesquieuPublished Spirit of the Laws in1748; advocated the rule of lawand the elimination of arbitrarypower 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 16. Voltaire(Francois Marie Arouet) (1694-1778)Spoke out against torture andsought conviction reversals evenafter people had been executedBelieved fear of shame was adeterrent to crimeImprisoned in the Bastille (1726) 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 17. CESARE BECCARIA (1738-1794)Author of Essays on Crimeand Punishments 1764which laid the foundation formodern legal philosophyIntroduced concepts of:EqualityProportionalityHumane treatment 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 18. Jeremy Bentham 1748-1832 English advocate of Utilitarianism Coined term: Hedonistic Calculus “Nature has placed mankind under the governance of two sovereign masters, pain and pleasure. It is for them alone to point out what we ought to do, as well as to determine what we shall do. On the one hand the standard of right and wrong, on the other the chain of causes and effects, are fastened to their throne. They govern us in all we do, in all we say, in all we think...[16]” 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 19. Classical Criminology and Modern Criminal Sentencing• Human Beings are Rational• Deterrence is the purpose of punishment• Human beings balance pleasure with pain• Punishment should be proportionate to the crime• Sanctions should be proclaimed prior to their use• Punishments should “not embrace savage measures”• Death Penalty should be eliminated or limited 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 20. The American Penitentiary andthe Pursuit of Humane Justice 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 21. John Howard (1726-1790)English prison reformer who wrote“The State of the Prisons inEngland and Whales. Advocatedpassage of the Penitentiary Act of1779 by British Government thatcalled for:Classifications of prisonersPrison inspectionsEmphasis on solitary confinementAbolishment of fees for basic needs 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 22. The Great American ReformersBenjamin Rush (1746-1813) Thomas Eddy (1758–1827)Solitary Penitentiary System Congregate Penitentiary System 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 23. Edward LivingstonLivingston Code (Louisiana Code)Advocated for:• Complete solitude for criminals• Opposed corporal punishment• Believed in incentives to promotechange through work 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 24. Sentencing Reform in the New Republic• Rejection of harsh European practices• Incarceration becomes a primary form of punishment• Employs combination of solitary confinement and labor• Founded on notion that criminal offender could be redeemed 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 25. ON THE PENITENTIARY SYSTEM IN UNITED STATES AND ITS APPLICATION IN FRANCE (1833)Alexis de Tocqueville Gustave de Beaumont 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 26. Failures of the Penitentiary System Birth of Probation 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 27. Society for the Alleviation of Prison MiseriesIT IS WITH DEEP REGRET THE VISITING COMMITTEE FEEL THEMSELVESOBLIGED TO STATE, THEY HAVE NOT BEEN ABLE TO PERCEIVE ANYREFORMATION AMONG THE PRISONERS; AND THEY ARE FULLYCONVINCED, THE FOLLOWING CAUSES HAVE PRINCIPALLY, IF NOTENTIRELY, PREVENTED THE REFORM THAT HAS BEEN SO ANXIOUSLYEXPECTED• 1ST THE UNFITNESS OF THE PRESENT BUILDING FOR A PENITENTIARY.• 2ND THE WANT OF CLASSIFICATION• 3RD THE CROWDED STATE OF THE PRISON• 4TH THE WANT OF EMPLOYMENTWHILE CAUSES SO PREGNANT WITH EVIL EXIST, IT IS VAIN TO EXPECT ANYREFORM. 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 28. American Incarceration after 1840• Emphasis on harsh punishment• Forced labor to reduce prison costs• Brutal treatment and unsanitary living conditions• Inmates seen as incorrigible 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  • 29. Dorothea Dix(April 4, 1802 – July 17, 1887)Prison and Prison Discipline inthe United States (1845)Argued for the improvedtreatment of prisoners.The good system, ignorantly orviciously administered,becomes as a great an evil tothe prisoner and to society, asthe very worst system everdevised or tolerated. 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013

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