2. ● Colonial US - very severe system of
punishment for crimes (public shaming,
flogging, exile or execution)
○ Role of religious ideals
○ Formed a norm of RETRIBUTION and
PUNISHMENT
○ British criminals were banished to the
US, a lot of colonies were made up of
british criminals
● After the revolutionary war (late 1700s and
into the 1800s), population increased a lot,
jails overcrowded, conditions worsened
(STILL AN ISSUE)
● Not enough money → prisoners became
laborers → perpetuated slavery after the civil
war
● Racially biased justice system - African
Americans targeted by law enforcement
authorities and given heavy sentences
How did the United
States develop a
criminal justice
system that relies
so heavily on
incarceration?
3. Religious Influence ● “The lack of distinction between crime and
sin, informed and perpetuated a belief that it
was thus the work of the devil and not
worthy of further exploration” (Dr. Kirk
Anthony James)
● Early colonies relied on religion to inform
morality and punishment, to maintain “social
order”
● Punishment served more as a deterrent and
means of conformance, hoping to draw
deviant individuals back into the fold (Hirsch,
1992)
● This influence still exists in subtle and overt
ways
4. The Convict Lease
System
● Prisoners in the custody of the state were
leased to private enterprises
● Essentially a perpetuation of slavery →
legalized slavery in a different way
● Unnecessary harm/corporal punishment
(even though technically illegal at this point)
was common especially for the African
American inmates
● Slavery model for rebuilding a war-ravaged
economy and infrastructure
● A way to continue terrible racism and slavery
5. Purpose of a Prison
● 20th Century - became clear that prisons
were made with the purpose of ISOLATION
of “UNWANTED” individuals
○ US mindset of othering, hierarchy,
status
● Most prison facilities are constructed in
remote, rural areas rather than cities
6. MONEY
● Capitalist ideals
○ Great Depression → high unemployment
○ Idea that convict labor could compete with
free workers proved politically unpopular
○ Prisons became reliant on state and federal
grants to keep facilities running
● “Possession of a convict’s person is an opportunity
for the state to make money; that the amount to be
made is whatever can be wrung from him” (Cable,
1884: 586)
● Private Prisons/For-Profit Prisons
○ Incarceration by a third party that is
contracted by a government agency
○ INDUSTRY - not influenced by the same laws
■ Less workers, poorer conditions for
inmates
○ Contracts with governments: commit
prisoners and then pay a per diem/monthly
rate, for each prisoner in the facility, for each
place available
7. Rehabilitation vs
Retribution
● In the late 1800s the conversation took root
● What is the role of the government in the
penal system?
● Inequalities, prejudice, poverty, all became
part of the conversation about crime
● Solitary confinement and hard labor became
less prevalent
● Conditions in prisons began to improve
slowly
● Conversation is still happening
8. Overview of Main
Contributing
Factors
● Role of religion
● Colonial-era punishment
● Economic factors
● Capitalist ideals
● Racism
● Values pertaining to “social order”
9. What is it like at
home?
Similar?
Different?
Why?
