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Ppt chapter 2

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