The historical context of the US penal system has been shaped by a variety of religious, economic, and social factors over time. In the colonial era, punishment for crimes was very severe and focused on public shaming, corporal punishment, and at times exile or execution, influenced by religious ideals of the time. As the US population grew, prisons became overcrowded and conditions deteriorated. The convict lease system that emerged in the late 1700s and 1800s essentially perpetuated slavery through forced prison labor.

1. Historical Context of the US Penal
System

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?