IMPACT OF ISLAM AS A SOCIAL TOOL FOR REFORMING INMATES: A CASE STUDY OF IFE P...John1Lorcan
Religion is a universal phenomenon and is a social tool in most part of the world we live in today. Several studies has clearly shown that spirituality is sufficient enough to rehabilitate and reform humans in as much as they seek it (religion) and are ready to go by its dictates. This study investigated the impact of Islam as a tool for reforming prison inmates using Ile-Ife, Osun state prison as a case study. A qualitative research methodology was used whereby oral interviews were carried out and questionnaires were issued. The population used for the study comprised of 20 inmates from an only-male prison in Ile-ife, Nigeria. The data collected through questionnaires were analyzed using frequency, tables and percentage. The findings revealed that Islam has been very useful in reforming the inmates of Ife prison. Muslim missionaries have helped in establishing good relationships, end disputes and foster love between convicts and their families. The study revealed that the impact of I am and the activities of Muslim missionaries in curbing crime and reforming inmates have been great but lack of empirical data makes it difficult to quantify or measure this development.
Chapter 2 I. History of Corrections Many students wonder.docxcravennichole326
Chapter 2
I. History of Corrections
Many students wonder why they need to know and understand
the “history” of anything before they delve into learning how
things are now. In the field of corrections, understanding the
“History” of corrections means understanding corrections “Now”
and in the “Future”. As in other fields, corrections is a cyclical
field of study, many ideas and issues from the past reemerge
as ideas and issues of the future. Please pay attention to the
evolution of corrections as it emerges in the next two lectures,
you will be amazed at the similarity of ideas, issues and
solutions to those of today.
A. Middle Ages to the American Revolution:
1. Legal Codes and Law – The earliest known (written)
legal codes appear to be the Sumerian Law of
Mesopotamia (3100 B.C.) and the Code of Hammurabi
(1759 B.C.). Both of these codes described criminal
offenses against the people and affixed penalties. The
Draconian Code not only defined crimes and penalties,
but also set up legal procedures for determining guilt
and affixing penalty. The Roman Law of the Twelve
Tables and the Emperor Justinian Code laid the
groundwork for early European law.
2. However, legal sanctions familiar to us today did not
appear in Europe until the Middle Ages. Before that
time, responses to crime were handled privately
between families. Lex talionis (an eye for an eye) and
wergild were common methods of avenging and/or
forgiving crimes between families. The concept of Lex
talionis allowed the family of the victim to seek revenge
against the family of the offender – it was otherwise
known as a “blood feud”, which in many cases went on
for generations after the initial offense. Wergild evolved
as a payment system between the families of the victim
and the offender in which the offender’s family pays a
monetary sum to the victim’s family as atonement for the
crimes of the clan.
3. As societies developed, the concepts of lex talionis and
wergild were rolled over into the emerging legal
systems: Secular Law and Benefit of Clergy. Secular
Law (otherwise known as English common law) was the
law of the common man, usually applied in some form
by the ruling class (landowner, king, conquering entity,
etc.). It encompassed little legal process and embraced
harsh punishments. The legal principal of the time was
that you were “guilty until you proved yourself innocent”.
Torture was used regularly to prompt confessions from
the “guilty”, and there was no legal process through
which you could prove your “innocence”. Benefit of
Clergy (otherwise known as Church law) emerged as a
separate legal system operated within the powers and
protection of the church. Benefit of Clergy
encompassed a legal procedure that allowed both sides
of a criminal case to be presented within the parameters
of the church. The punishments attached to a finding of
guilt were substantially less harsh than those embodied
i ...
In legal theory and in ancient Hindu, Greek and Roman Law natural law has a primordial place. Indeed Natural Law theory has a history, reaching back centuries and the vigour with which it flourishes notwithstanding periodic eclipse, especially in the nineteenth century, is a tribute to its importance. There is no theory; many versions have evolved throughout this enormous span of time. No other firmament of legal and political theory is so bejewelled with stars as that of natural law, which scintillates with contributions from all ages.
The general model of the middle age punishment stayed present in the Absolutist Regime (Old
System). There was savagery in the execution of beating with the end goal of social vengeance and terrorizing. Inside state models of outright centralization of force
in the possession of the ruler, there were benefits for the honorability, as well as a lawful model
that created "imbalances, loaded with honors, heterogeneous, turbulent, based on a
wild combination of mandates, old regulations, illustrious declarations and customs; erratic and
unreasonably severe" (PRADO, 2007, p.77).
3. Beginning of Deprivation of Liberty Penalty
The combination of jail as a hardship of freedom started in the seventeenth 100 years and
solidified in the nineteenth 100 years. In spite of cell jail models in 1677, Murate jail
in Florence, and jails in Amsterdam somewhere in the range of 1595 and 1597, it is perceived that the
The rise truth be told started in 1681, in the settlement of Pennsylvania, established by William Penn
in consistence with the request for King Charles II. The acknowledgment just occurred in 1818 with the
Western Pennsylvania Penitentiary (NUCCI, 2009).
All the more deliberately, Iñaki Rivera Beiras brings up that jail as a choice of correctional approval second to none shows up in the verifiable time of the late eighteenth 100 years and mid twentieth 100 years.
nineteenth 100 years, with six historiographical directs that look for toward make sense of the development of the
hardship of freedom: work houses that arose in Europe in the final part of the twentieth hundred years
XVI; the Inquisition's own prison framework which, two centuries sooner, as of now had
prisons, recompense of capital sentences for hardship of freedom, cell disconnection,
wrongdoing sin reward, as models executed inside religious community cells; the impact of the USA, with its new freedom, in the development of the first
prison frameworks, affected by the Quaker people group that pushed the cancelation
Er
ik
a
Ky
te
/P
ho
to
nn
ic
a/
G
et
ty
Im
ag
es
Learning Objectives
• Understand desired outcomes for different types of criminal punishment.
• Articulate similarities and differences between philosophies of punishment.
• Explain when the correctional system applies different philosophies of punishment.
• Analyze how criminal punishment affects women, the poor, and racial and ethnic minorities.
• Critically evaluate how race, class, and gender issues come into play in death penalty cases.
Philosophies of Punishment
2
coL82305_02_c02_033-064.indd 33 7/5/13 4:16 PM
Section 2.1 Philosophies of Punishment CHAPTER 2
In 1988, Tina Elliot tried to buy a half kilo of cocaine from an undercover officer in Georgia. She was convicted and was sent to the Georgia state prison for a year. Upon her release, Tina and her five children were reunited, but in 1993 she was indicted
by federal prosecutors for the same offense and sentenced to 20 years in federal prison.
Terry Woodard found himself in the same situation in 1989. After successfully completing
2 years of state parole supervision for possession with intent to distribute methamphet-
amine, he was arrested and convicted for the same offense in federal court and sentenced
to 10 years in prison without the possibility of parole.
The punishment of Tina Elliot and Terry Woodard reflects what some criminologists call
dangerization. Dangerization is a view that assumes that society can be protected by
predicting and controlling the risk and danger of victimization that some individuals
pose to society (Lianos & Douglas, 2000). In this case, the decision to prosecute Elliot
and Woodard twice for the same offense may have been based on the perceived danger
and harm that both offenders continue to pose to society even after having been punished
by serving time in state prisons. Under some circumstances, in cases such as Elliot’s and
Woodard’s, prosecution and punishment by the state and the federal governments for the
same offense do not violate the U.S. constitutional protection known as double jeopardy.
2.1 Philosophies of Punishment
In this chapter we will examine why and how we punish offenders, as well as several philosophies of punishment and various methods employed to try to control crimi-nal behavior. In general, society adopts a philosophy of punishment hoping it will
effectively prevent or reduce crime. Punishment, in short, is the use of a penalty to inflict
consequences on those who violate the criminal law. In his 1968 influential book, The
Limits of the Criminal Sanction, Herbert L. Packer, emphasized two major functions of
punishment: inflicting pain and preventing crime. Traditionally, these forms of penal-
ties have been based on different philosophies of punishment including retribution
(eye-for-an-eye), incapacitation (incarceration), rehabilitation (treatment), reintegration,
and deterrence. The pain inflicted through these penalties c ...
22320171The Death Penalty and Capital Punishment.docxtamicawaysmith
2/23/2017
1
The Death Penalty and
Capital Punishment
Chapter 9
Learning Objectives
After reading this chapter, you will be able to:
10.1 Evaluate the ethical issues involved in the death penalty.
10.2 Explain the different theories of punishment that could be used to
support or oppose the death penalty, and articulate your own position.
10.3 Analyze Sister Helen Prejean’s Aristotelian argument against the
death penalty.
Early History
European (especially English) settlers influenced our nation’s use of
the death penalty
First recorded execution: Captain George Kendall Jamestown,
Virginia, 1608
First woman executed: Jane Champion, 1632
Crimes punishable by death: stealing grapes, striking your Mother or
Father
2/23/2017
2
Colonial Times
Cesare Beccaria's 1767 essay: On Crimes and Punishment
Thomas Jefferson’s proposed bill
Dr. Benjamin Rush, founder of the Pennsylvania Prison Society,
challenged the use of the death penalty
brutalization effect: having a death penalty actually increased
criminal conduct
1794: Pennsylvania abolishes the death penalty for all offenses
except first degree murder
19th Century
1846: Michigan abolishes death penalty for all crimes except
treason
Most states retained death penalty rights
Some states expanded crimes punishable by death (especially
crimes committed by slaves)
Introduction of discretionary death penalty statues
1888: New York builds the first electric chair
Early 20th Century
1924: cyanide gas as a more humane form of execution
1920-40s: resurgence in death penalty after a short-lived lull
Criminologists wrote that the death penalty was a necessary social
measure
Prohibition and the Great Depression
More executions in the 1930s than in any other decade in American
history
2/23/2017
3
Mid-Late 20th Century
1950s: public opinion turns against capital punishment
1940s: 1,289 executions
1950s: 715 executions
1967-1977: voluntary moratorium
January 17, 1977: moratorium ends with execution of Gary
Gilmore by firing squad
Also in 1977: Oklahoma became the first state to adopt lethal
injection as a means of execution
Constitutionality
Prior to the 1960s: Fifth, Eighth, and Fourteenth Amendments
were interpreted as allowing the death penalty
Early 1960s: suggested that the death penalty was "cruel and
unusual" punishment
Other Laws
1994 - President Clinton signs the Violent Crime Control and Law
Enforcement Act expanding the federal death penalty
1998: Northwestern University National Conference on Wrongful
Convictions and the Death Penalty
2/23/2017
4
Death Penalty
59 prisoners were executed in the USA in 2004, bringing the
year end total to 944 executed since the use of the death
penalty was resumed in 1977.
Over 3,400 prisoners were under sentence of death as of
January 1, 2005.
38 of the 50 US states provide for the death penalty ...
Week 6, Reading Section 6.1 IntroductionIntroductionAs you wi.docxcockekeshia
Week 6, Reading Section 6.1: Introduction
Introduction
As you will recall, from Week 3, the Plagues of the Fourteenth Century had disastrous effects on Europe. Many of today’s developments can be traced as having their root, causative factors in that Century. There were two others: the Protestant Reformation of the Sixteenth Century and successive Religious Wars, culminating in the Thirty Years War, 1618-48 and the English Civil War, 1642-48. In the wake of these events, the Renaissance and the Enlightenment, respectively, Philosophers began to question all the presuppositions of Life.
You are about to encounter another such development, which grew from this questioning: Social Contract Theory.
Resource: Social Contract Theory [PDF]
Up to the times of the Sixteenth and Seventeenth Centuries, few, if anyone, in Europe, questioned the origins of Society and the State. The prevailing theory was Aristotle’s, as it had been imported into Western Christianity, by Thomas Aquinas. This theory said that human beings were “Social Animals.” The underlying interpretation of that position is that human society is a given of human existence and has always been that way.
Week 6, Reading Section 6.2: Thomas Hobbes and John Locke
II. Thomas Hobbes and John Locke
The questions that Social Contract theorists, starting with Thomas Hobbes and continuing with John Locke, asked were: What were the origins of Society? What makes a “good” form of society? How does the State (meaning “government”) come into being?
Both Hobbes and Locke started from what they called the “State of Nature,” a wilderness, where all “men” (Hobbes speaks only of “men”; one wonders from whence he believed “men” came, without mention of women;) begin, having absolute rights and equality. Put another way, if one “man” encountered another, and a conflict arose about a resource, like food, came about, the right to kill would, regrettably, still be available to both. Fortunately, it occurred to our species that that was a lousy way to run a planet. Thus, the idea of “forming society” by “social contracts” occurred to someone. That was the moment that human beings left “the State of Nature,” and founded Society (a/k/a “Civil Society”).
A. Hobbes
Resource: End-of-Life Decisions [PDF]
Hobbes, being a friend and confidant of the Stuart Family, was a monarchist, and presupposed the existence of a “Sovereign.” In The Leviathan, Hobbes suggested that, in forming the Civil Society, people had to surrender their rights, in exchange for two things: (1) protection from each other, and (2) protection from outside threats. The question was: to what or whom did they have to surrender those rights? Hobbes’ answer was “the Sovereign,” a/k/a “the Leviathan,” an allusion to a mythical sea creature. What Hobbes meant was that “the Sovereign,” was the English Monarchy. The Stuart Family at the time, sat on the unified Throne of England, Wales, and Scotland at the time.
Resource: Thomas Hobbes: Moral and Political .
Hall del elizabeth del proyecto de la unidad 9 que determina la traducción es...Elizabeth Hall
Word Processor Spanish Translation- of Paper originally written in Englsih
Traducción española del procesador de textos del papel del wri originalmente
IMPACT OF ISLAM AS A SOCIAL TOOL FOR REFORMING INMATES: A CASE STUDY OF IFE P...John1Lorcan
Religion is a universal phenomenon and is a social tool in most part of the world we live in today. Several studies has clearly shown that spirituality is sufficient enough to rehabilitate and reform humans in as much as they seek it (religion) and are ready to go by its dictates. This study investigated the impact of Islam as a tool for reforming prison inmates using Ile-Ife, Osun state prison as a case study. A qualitative research methodology was used whereby oral interviews were carried out and questionnaires were issued. The population used for the study comprised of 20 inmates from an only-male prison in Ile-ife, Nigeria. The data collected through questionnaires were analyzed using frequency, tables and percentage. The findings revealed that Islam has been very useful in reforming the inmates of Ife prison. Muslim missionaries have helped in establishing good relationships, end disputes and foster love between convicts and their families. The study revealed that the impact of I am and the activities of Muslim missionaries in curbing crime and reforming inmates have been great but lack of empirical data makes it difficult to quantify or measure this development.
Chapter 2 I. History of Corrections Many students wonder.docxcravennichole326
Chapter 2
I. History of Corrections
Many students wonder why they need to know and understand
the “history” of anything before they delve into learning how
things are now. In the field of corrections, understanding the
“History” of corrections means understanding corrections “Now”
and in the “Future”. As in other fields, corrections is a cyclical
field of study, many ideas and issues from the past reemerge
as ideas and issues of the future. Please pay attention to the
evolution of corrections as it emerges in the next two lectures,
you will be amazed at the similarity of ideas, issues and
solutions to those of today.
A. Middle Ages to the American Revolution:
1. Legal Codes and Law – The earliest known (written)
legal codes appear to be the Sumerian Law of
Mesopotamia (3100 B.C.) and the Code of Hammurabi
(1759 B.C.). Both of these codes described criminal
offenses against the people and affixed penalties. The
Draconian Code not only defined crimes and penalties,
but also set up legal procedures for determining guilt
and affixing penalty. The Roman Law of the Twelve
Tables and the Emperor Justinian Code laid the
groundwork for early European law.
2. However, legal sanctions familiar to us today did not
appear in Europe until the Middle Ages. Before that
time, responses to crime were handled privately
between families. Lex talionis (an eye for an eye) and
wergild were common methods of avenging and/or
forgiving crimes between families. The concept of Lex
talionis allowed the family of the victim to seek revenge
against the family of the offender – it was otherwise
known as a “blood feud”, which in many cases went on
for generations after the initial offense. Wergild evolved
as a payment system between the families of the victim
and the offender in which the offender’s family pays a
monetary sum to the victim’s family as atonement for the
crimes of the clan.
3. As societies developed, the concepts of lex talionis and
wergild were rolled over into the emerging legal
systems: Secular Law and Benefit of Clergy. Secular
Law (otherwise known as English common law) was the
law of the common man, usually applied in some form
by the ruling class (landowner, king, conquering entity,
etc.). It encompassed little legal process and embraced
harsh punishments. The legal principal of the time was
that you were “guilty until you proved yourself innocent”.
Torture was used regularly to prompt confessions from
the “guilty”, and there was no legal process through
which you could prove your “innocence”. Benefit of
Clergy (otherwise known as Church law) emerged as a
separate legal system operated within the powers and
protection of the church. Benefit of Clergy
encompassed a legal procedure that allowed both sides
of a criminal case to be presented within the parameters
of the church. The punishments attached to a finding of
guilt were substantially less harsh than those embodied
i ...
In legal theory and in ancient Hindu, Greek and Roman Law natural law has a primordial place. Indeed Natural Law theory has a history, reaching back centuries and the vigour with which it flourishes notwithstanding periodic eclipse, especially in the nineteenth century, is a tribute to its importance. There is no theory; many versions have evolved throughout this enormous span of time. No other firmament of legal and political theory is so bejewelled with stars as that of natural law, which scintillates with contributions from all ages.
The general model of the middle age punishment stayed present in the Absolutist Regime (Old
System). There was savagery in the execution of beating with the end goal of social vengeance and terrorizing. Inside state models of outright centralization of force
in the possession of the ruler, there were benefits for the honorability, as well as a lawful model
that created "imbalances, loaded with honors, heterogeneous, turbulent, based on a
wild combination of mandates, old regulations, illustrious declarations and customs; erratic and
unreasonably severe" (PRADO, 2007, p.77).
3. Beginning of Deprivation of Liberty Penalty
The combination of jail as a hardship of freedom started in the seventeenth 100 years and
solidified in the nineteenth 100 years. In spite of cell jail models in 1677, Murate jail
in Florence, and jails in Amsterdam somewhere in the range of 1595 and 1597, it is perceived that the
The rise truth be told started in 1681, in the settlement of Pennsylvania, established by William Penn
in consistence with the request for King Charles II. The acknowledgment just occurred in 1818 with the
Western Pennsylvania Penitentiary (NUCCI, 2009).
All the more deliberately, Iñaki Rivera Beiras brings up that jail as a choice of correctional approval second to none shows up in the verifiable time of the late eighteenth 100 years and mid twentieth 100 years.
nineteenth 100 years, with six historiographical directs that look for toward make sense of the development of the
hardship of freedom: work houses that arose in Europe in the final part of the twentieth hundred years
XVI; the Inquisition's own prison framework which, two centuries sooner, as of now had
prisons, recompense of capital sentences for hardship of freedom, cell disconnection,
wrongdoing sin reward, as models executed inside religious community cells; the impact of the USA, with its new freedom, in the development of the first
prison frameworks, affected by the Quaker people group that pushed the cancelation
Er
ik
a
Ky
te
/P
ho
to
nn
ic
a/
G
et
ty
Im
ag
es
Learning Objectives
• Understand desired outcomes for different types of criminal punishment.
• Articulate similarities and differences between philosophies of punishment.
• Explain when the correctional system applies different philosophies of punishment.
• Analyze how criminal punishment affects women, the poor, and racial and ethnic minorities.
• Critically evaluate how race, class, and gender issues come into play in death penalty cases.
Philosophies of Punishment
2
coL82305_02_c02_033-064.indd 33 7/5/13 4:16 PM
Section 2.1 Philosophies of Punishment CHAPTER 2
In 1988, Tina Elliot tried to buy a half kilo of cocaine from an undercover officer in Georgia. She was convicted and was sent to the Georgia state prison for a year. Upon her release, Tina and her five children were reunited, but in 1993 she was indicted
by federal prosecutors for the same offense and sentenced to 20 years in federal prison.
Terry Woodard found himself in the same situation in 1989. After successfully completing
2 years of state parole supervision for possession with intent to distribute methamphet-
amine, he was arrested and convicted for the same offense in federal court and sentenced
to 10 years in prison without the possibility of parole.
The punishment of Tina Elliot and Terry Woodard reflects what some criminologists call
dangerization. Dangerization is a view that assumes that society can be protected by
predicting and controlling the risk and danger of victimization that some individuals
pose to society (Lianos & Douglas, 2000). In this case, the decision to prosecute Elliot
and Woodard twice for the same offense may have been based on the perceived danger
and harm that both offenders continue to pose to society even after having been punished
by serving time in state prisons. Under some circumstances, in cases such as Elliot’s and
Woodard’s, prosecution and punishment by the state and the federal governments for the
same offense do not violate the U.S. constitutional protection known as double jeopardy.
2.1 Philosophies of Punishment
In this chapter we will examine why and how we punish offenders, as well as several philosophies of punishment and various methods employed to try to control crimi-nal behavior. In general, society adopts a philosophy of punishment hoping it will
effectively prevent or reduce crime. Punishment, in short, is the use of a penalty to inflict
consequences on those who violate the criminal law. In his 1968 influential book, The
Limits of the Criminal Sanction, Herbert L. Packer, emphasized two major functions of
punishment: inflicting pain and preventing crime. Traditionally, these forms of penal-
ties have been based on different philosophies of punishment including retribution
(eye-for-an-eye), incapacitation (incarceration), rehabilitation (treatment), reintegration,
and deterrence. The pain inflicted through these penalties c ...
22320171The Death Penalty and Capital Punishment.docxtamicawaysmith
2/23/2017
1
The Death Penalty and
Capital Punishment
Chapter 9
Learning Objectives
After reading this chapter, you will be able to:
10.1 Evaluate the ethical issues involved in the death penalty.
10.2 Explain the different theories of punishment that could be used to
support or oppose the death penalty, and articulate your own position.
10.3 Analyze Sister Helen Prejean’s Aristotelian argument against the
death penalty.
Early History
European (especially English) settlers influenced our nation’s use of
the death penalty
First recorded execution: Captain George Kendall Jamestown,
Virginia, 1608
First woman executed: Jane Champion, 1632
Crimes punishable by death: stealing grapes, striking your Mother or
Father
2/23/2017
2
Colonial Times
Cesare Beccaria's 1767 essay: On Crimes and Punishment
Thomas Jefferson’s proposed bill
Dr. Benjamin Rush, founder of the Pennsylvania Prison Society,
challenged the use of the death penalty
brutalization effect: having a death penalty actually increased
criminal conduct
1794: Pennsylvania abolishes the death penalty for all offenses
except first degree murder
19th Century
1846: Michigan abolishes death penalty for all crimes except
treason
Most states retained death penalty rights
Some states expanded crimes punishable by death (especially
crimes committed by slaves)
Introduction of discretionary death penalty statues
1888: New York builds the first electric chair
Early 20th Century
1924: cyanide gas as a more humane form of execution
1920-40s: resurgence in death penalty after a short-lived lull
Criminologists wrote that the death penalty was a necessary social
measure
Prohibition and the Great Depression
More executions in the 1930s than in any other decade in American
history
2/23/2017
3
Mid-Late 20th Century
1950s: public opinion turns against capital punishment
1940s: 1,289 executions
1950s: 715 executions
1967-1977: voluntary moratorium
January 17, 1977: moratorium ends with execution of Gary
Gilmore by firing squad
Also in 1977: Oklahoma became the first state to adopt lethal
injection as a means of execution
Constitutionality
Prior to the 1960s: Fifth, Eighth, and Fourteenth Amendments
were interpreted as allowing the death penalty
Early 1960s: suggested that the death penalty was "cruel and
unusual" punishment
Other Laws
1994 - President Clinton signs the Violent Crime Control and Law
Enforcement Act expanding the federal death penalty
1998: Northwestern University National Conference on Wrongful
Convictions and the Death Penalty
2/23/2017
4
Death Penalty
59 prisoners were executed in the USA in 2004, bringing the
year end total to 944 executed since the use of the death
penalty was resumed in 1977.
Over 3,400 prisoners were under sentence of death as of
January 1, 2005.
38 of the 50 US states provide for the death penalty ...
Week 6, Reading Section 6.1 IntroductionIntroductionAs you wi.docxcockekeshia
Week 6, Reading Section 6.1: Introduction
Introduction
As you will recall, from Week 3, the Plagues of the Fourteenth Century had disastrous effects on Europe. Many of today’s developments can be traced as having their root, causative factors in that Century. There were two others: the Protestant Reformation of the Sixteenth Century and successive Religious Wars, culminating in the Thirty Years War, 1618-48 and the English Civil War, 1642-48. In the wake of these events, the Renaissance and the Enlightenment, respectively, Philosophers began to question all the presuppositions of Life.
You are about to encounter another such development, which grew from this questioning: Social Contract Theory.
Resource: Social Contract Theory [PDF]
Up to the times of the Sixteenth and Seventeenth Centuries, few, if anyone, in Europe, questioned the origins of Society and the State. The prevailing theory was Aristotle’s, as it had been imported into Western Christianity, by Thomas Aquinas. This theory said that human beings were “Social Animals.” The underlying interpretation of that position is that human society is a given of human existence and has always been that way.
Week 6, Reading Section 6.2: Thomas Hobbes and John Locke
II. Thomas Hobbes and John Locke
The questions that Social Contract theorists, starting with Thomas Hobbes and continuing with John Locke, asked were: What were the origins of Society? What makes a “good” form of society? How does the State (meaning “government”) come into being?
Both Hobbes and Locke started from what they called the “State of Nature,” a wilderness, where all “men” (Hobbes speaks only of “men”; one wonders from whence he believed “men” came, without mention of women;) begin, having absolute rights and equality. Put another way, if one “man” encountered another, and a conflict arose about a resource, like food, came about, the right to kill would, regrettably, still be available to both. Fortunately, it occurred to our species that that was a lousy way to run a planet. Thus, the idea of “forming society” by “social contracts” occurred to someone. That was the moment that human beings left “the State of Nature,” and founded Society (a/k/a “Civil Society”).
A. Hobbes
Resource: End-of-Life Decisions [PDF]
Hobbes, being a friend and confidant of the Stuart Family, was a monarchist, and presupposed the existence of a “Sovereign.” In The Leviathan, Hobbes suggested that, in forming the Civil Society, people had to surrender their rights, in exchange for two things: (1) protection from each other, and (2) protection from outside threats. The question was: to what or whom did they have to surrender those rights? Hobbes’ answer was “the Sovereign,” a/k/a “the Leviathan,” an allusion to a mythical sea creature. What Hobbes meant was that “the Sovereign,” was the English Monarchy. The Stuart Family at the time, sat on the unified Throne of England, Wales, and Scotland at the time.
Resource: Thomas Hobbes: Moral and Political .
Hall del elizabeth del proyecto de la unidad 9 que determina la traducción es...Elizabeth Hall
Word Processor Spanish Translation- of Paper originally written in Englsih
Traducción española del procesador de textos del papel del wri originalmente
1. 1
Running Header: Midterm Essays
Unit 5 Midterm Essay Questions
Elizabeth Hall
Kaplan University
CJ130-02 Introduction to Corrections
Amy Ng
9.28.2010
2. Midterm Essays 2
Midterm Essay Questions
Social Contexts and Philosophy of Crime and Punishment Essay #1
Beginning in the early middle ages, and continuing through modern eras, Bartollas (2002)
notes that the concept of punishment has been validated and rationalized in many different social
contexts. The concepts of justification change when society’s beliefs change, and vary from
criminals serving punishments as natural revenge, social control, deterrence, forced labor, exile
and banishment, or even moral justice. The range of variance in punishment follows the change
in social contexts, social order, and philosophies on crime, and moves from vengeance to reform.
The transition between clan and tribal laws ruling the land to state ruled punishments
required a formal system of government. As this system of government, progressed, written law
was required to establish rule of law to establish state punishment guidelines. The Code of
Hammurabi is the first known written rule of law and is based on the biblical concept of an eye
for an eye. The next code of laws, established around 1200 B.C.E. would be the Mosaic Code of
the Israelites.
This Code holds that “God entered into a Covenant (Siegel, 2010)” which is a pact or
contract, with the Israelites, which entailed an exchange of God’s special protection for the
obedience of obeying all 613 rules of the Old Testament. This was the basis of Judaic Christian
law (Siegel, 2010). According to Bartollas (2002), in the times of Draco (621 B.C.E.), before the
Common Era, the inevitable punishment for every crime committed was death in his area of rule.
In 594 BCE, the Laws of Solon reversed all of the Draconian laws, excluding the murder
penalties, and either gave a lesser sentence of imprisonment, or fines and banishment for other
crimes.
3. Midterm Essays 3
In Rome, the Twelve Tables are devised around 421 B.C.E. These tables accounted for
Roman law, until the fall of the Roman Empire, and composed with cruel Draconian style
punishments. Punishment by death was common. In 527 C.E., The Justinian Code replaced the
Twelve Tables. It did not reform the Twelve Tables, this was the Roman written law, and was
the law of the land for much of Europe, and still influences lawmaking policy today.
By the Middle Ages, roughly 1200 A.D.-1600 A.D. (New World Encyclopedia, 2009),
social context was deeply religion based, noted Siegel (2008). If a person broke the law by
breaking a religious custom or perhaps violating the social norms of the times, people believed
and feared God, and that person would be viewed by others as possessed by the devil, demons or
was a witch. Punishments were cruel, torturous tactics were used to obtain confessions, and
kings, prophets and priests still ruled the land. The Common Law was the system in place
during all of this.
Punishment moved from an individual vengeance issue to of punishment by the state. As
kings, prophets, and priests gave way to formalized written law, the way criminals received
punishment grew along with the growth of civilized society (Siegel, 2010). The validation of
penalty as natural revenge was an attempt to preserve public order by the ruling classes of the
day. The line between acceptable behavior and punishable behavior was harshly drawn. People
were not accepting of anything against the faith of the times. (Bartollas, 2002)
Penalty as social control began in the times of feudalism. Punishment was only imposed
when the perpetrator was of a lower class than the punisher. Social control punishment was used
during this time as a method of keeping the serfs controlled and contained during the period of
4. Midterm Essays 4
unrest, when the feudal system was failing. Religious pressures and systems of beliefs during
these times contributed to the success of social control punishment. (Bartollas, 2002)
Punishment as a deterrence has gone back and forth through the ages. Used for its ability
to keep people from committing crime, penalties are swift, severe, and often public. Penalty and
punishment as a labor source, has been going on for centuries and dates back to the sixteenth
century and gallery service. This form has been used off and on in the history of crime and
punishment, such as the chain gangs of the south, and in modern times, Angola and tent city
require heavy workloads of their inmates. (Bartollas, 2002)
Exile and banishment are used as punishment in the eighteenth and nineteenth centuries.
Offenders are sent to America as indentured servants with severe punishment for escape. After
the American Revolution, England could no longer ship them to America. From 1787-1857 they
sent offenders to exile in Australia to serve their sentences. The worst place was banishment to
Norfolk Island where there was no hope of return. (Bartollas, 2002)
Moral Justice is another justification of social context shaping punishment. John Calvin,
a Protestant Reformist holds that people are wicked and need punishment to curb their wicked
desires. Thomas Hobbs, according to Bartollas (2002), notes that the flawed character of
humans requires suppressive social control in order to prevent extensive societal disorder. This
view is still discussed three-hundred years later as James Q. Wilson comments, “wicked people
exist” and “nothing avails but to set them apart from innocent people. (Bartollas, 2002)”
5. Midterm Essays 5
Institutional Settings Essay #2
As punishment moved from personal vengeance to governed and meted out by local,
state, and federal entities, the problem of what to do with these prisoners also became a problem
of local, state, and federal governments. The penitentiary, devised as a method to both provide a
more humane punishment to reflect the reformist views of the time and as a way to keep
offenders away from the public was the solution. This was modernization in both architectural
and conceptual design. There were many models developed over the years.
The first model created was the Pennsylvania Penitence model that emphasized
reformation of the prisoner. It is believed at the time that they would benefit from forced
isolation. Eastern State Penitentiary, finished in 1829, built in a radial design that allowed for
total solitude of the criminal. Because of the complete isolation of the prisoners, this model
would be considered maximum security by today’s social context standards, this model proved
costly to run, prisoners were developing mental issues from total isolation, and overcrowding
caused the justice system to adopt the New York Model. (McCarthy, 2001)
The New York Model changed the legislation to restrict capital punishment to first-
degree murder and treason cases. Newgate Prison, built in 1797 was built as a way to establish a
more humane prison system due to efforts of reformists of the day such as Thomas Eddy. They
believed that all humans have the ability for their own redemption. In light of Bartollas’ (2002)
description of state medium security prisons, it seems that this is the first one. (McCarthy, 2001)
In 1816 (Bartollas, 2002), Newgate Prison was replaced with the Auburn Prison because
it was no longer big enough. The Auburn Silent System became a model for maximum-security
prisons. The Auburn Cellblock, in the center of the prison sits an atoll of cells built five levels
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high, twenty feet long, and vacant for eleven feet on every side. These cells, designed for long-
term solitary confinement, were used under the social pretext that in order to preserve the
penitentiary system, inmates were to endure great mental and physical suffering. The system
insisted on total silence at all times and was the main concept in penology until the middle of the
twentieth century. (Bartollas, 2002)
When the prison in Auburn reached capacity, the Warden of the Auburn penitentiary
Elam Lynds, and convict labor built Sing Sing. He then took over as warden there. Elam later
resigned during charges of prisoner abuse, which he was later cleared of, and his deputy warden
Robert Wiltse took over keeping the same strict convict rules as Elam. The model here at Sing
Sing took the lead in capital punishment and created the example for modern capital punishment.
The attention gained from the media, shaped public opinion on crime and punishment. Wiltse
ousted due to charges surrounding two inmate deaths, is replaced with David Seymour. Seymour
was told to rehabilitate the prisoners instead of punishing them. (Christianson, 2000)
This was the beginning of the reform, beliefs, and practices, which shape our modern
corrections systems into what we have today. On the local level today, there are jails, lockups,
workhouses, and houses of corrections. The main differences between local institutions such as
jails, is the amount of time that offenders are held, and that they house pre-convicted offenders.
Jails usually house short-term offenders (less than a year), those waiting to be tried, and those
waiting to move on to prisons after sentencing. Lockups are usually facilities at a local police
station, and hold prisoners less than 48 hours generally. Often people who belong on welfare,
public health services, and social service agencies end up in jail as a last resort to receive help.
Often, local institutions are the place where indigent people, the mentally ill, misdemeanants,
and drunkards end up. (Bartollas, 2002)
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Modern prison architecture still has four major forms of design: the radial design, the
telephone design, the courtyard style prison, and the campus style. The radial design is a central
hub, with spoke-like corridors, shaped like a wheel. This design is rarely used in new prison
construction; however, there is still some of this type in use today such as the Federal
Penitentiary at Leavenworth, KS. The telephone model is the design best used for housing
prisoners by their classifications but is also the easiest type for prisoners to take over in a riot
situation. This prison model has a long central hallway, and the extensions resemble cross arms
holding schools, workshops, and housing for inmates. This design is the one used the most in
maximum-security prisons. (Bartollas, 2002)
The courtyard style prison is a newer prison design. This model has a courtyard
surrounded by a corridor. Facing the courtyard are educational facilities, housing facilities,
vocational areas, recreational areas, dining areas, and prison industrial areas. The Women’s
Treatment Center at Purdy is a courtyard-designed women’s prison in Washington. The campus
style prison is usually used for minimum and medium security prison facilities. This design is
open with small housing units among the educational, dining, recreational, and vocational areas.
(Bartollas, 2002)
Other than design differences, there are differences in the levels of security at different
types of federal, private, and state prisons. These prisons are classified as; women’s prisons,
minimum-security, medium-security, maximum-security, and super max facilities. Women’s
prisons house female offenders, and have programs and facilities designed to help women in
prison. They are usually not as sinister looking as male prisons, and may have cottage style
8. Midterm Essays 8
housing. Minimum-security prisons for men have much less perimeter security than the rest of
the prison types. The openness promotes a more humane idea of prison. Inmates in these
facilities receive more visiting privileges, safer environments, and better treatment programs
establish these facilities as different from other prison types. Medium-security prisons have
fencing around the perimeter, television monitoring, and security systems for each zone.
Program access is tightly controlled. Prisoners can be locked down rather quickly in
emergencies. (Bartollas, 2002)
The main function of a maximum-security prison is that at any time, staff can put any or
all prisoners on lockdown immediately. Complete control of inmates at all times is the main
principle behind the maximum-security facility. Many of these still resemble the fortress like
imposing prisons of the past, and are quite old themselves. They badly need to be rebuilt, but
large numbers of offenders, budget cuts, and the expense of building new prisons keep this from
happening. These facilities, considered large physical plants, usually cover many acres of land.
(Bartollas, 2002)
Super max facilities are designed to house the worst of the worst offenders in total
solitary confinement. These prisoners do not have contact with others during meals, recreation,
or even in the few in cell vocational programs they may or may not have. Those inmates that are
gang leaders, repeatedly disruptive, or unmanageable end up in super max. Those who support
this type of incarceration claim that we need these facilities to manage the unmanageable. Those
who protest these harsh facilities cite the inhumane side of solitary confinement, claiming that
they are making the offenders worse by driving them insane. (Bartollas, 2002)
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Comparative Corrections Florida and Georgia Essay #3
After examining both the Departments of Corrections (DOC) for Florida (Florida
Department of Corrections n.d.) and Georgia (Georgia Department of Corrections n.d.), one
could say that upon looking at accommodations provided neither side looked less foreboding
than the other in the equal classification type cells such as the secure cells, the cell housing units,
and the open dorm area housing units. Florida’s corrections however have an extra classification
cell, the death row cell, which is quite forbearing when one considers spending 23 hours a day in
one, and the rest of your life in solitude. When examining statistics for the corrections systems,
as the Federal Bureau of Investigation (2010), shows in the Uniform Crime Reports (UCR)
Tables 5 Crime in the United States 2009 and Table 69 Arrests by State, 2009, clearly both the
percentage of crime and arrest per 100,000 are lower in Georgia, the smaller state. It seems as
though Florida has more programs to offer while in prison, and Georgia has more programs to
offer during re-entry. There should be adequate numbers of both kinds in each departments
arsenal against recidivism.
When looking at the virtual tour of Florida’s prisons (Florida Department of Corrections
n.d.), one sees an ominous looking environment looking down the corridor of the cell housing
unit. Even with the yellow paint, it still looks like a dismal place. It appears to have both secure
and open barred cells in the same floor. Then moving on to the secure cell, there really is not
much space to move around, one can see how hostility can be aggravated by such close quarters.
The open area beds look like they are the only part of the prison that allows any human contact.
From those views, not much is different in the Georgia Correctional virtual Tour of the cells
(Georgia Department of Corrections n.d.). It is the next tour that is of a nature not to be found in
Georgia, the maximum-security cell. This is the most dismal view of all of the images. To sit in
10. Midterm Essays 10
these cells, knowing that you will only be released to attend your own state sanctioned death has
to be the cruelest punishment we inflict these days. The average stay on Death Row is 15-20
years.
Both Florida and Georgia have the classifications of minimum security, medium security,
and close security, but Florida expands their classifications beyond these three. They have
maximum security, which is for offenders who have received the death penalty. They also have
classifications defining the lesser crimes as well. These are IM 3, which means Institutional
Grounds Only, IM 2, which makes an offender eligible for a DOC supervised squad, and IM 1,
which allows an offender to be eligible for a non-DOC supervised squad. (Florida Department
of Corrections n.d. & Georgia Department of Corrections n.d)
The section of the Florida Department of Corrections (n.d.) that discusses the
misconceptions about Florida prisons, and this exercise did clear up a few preconceived notions.
In studying the data from the UCR by analyzing the arrest and crime tables it seems that a larger
state population not only denotes higher numbers of crimes because of more people, but is
indicative of a higher crime rate as well. The data clearly points to both the lower number of
crimes, and the number of arrests falling in the state of Georgia. (Federal Bureau of
Investigation 2010)
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References:
Bartollas, C. (2002). Invitation to Corrections. Boston. Allyn and Bacon
Christianson, S. (2000). Condemned: Inside the Sing Sing Death House. New York, London.
New York University Press.
Federal Bureau of Investigation. (2010) Crime in the United States 2009: State. Retrieved from:
http://www.fbi.gov/ucr/cius2009/arrests/state.html
Arrests by State, 2009. Retrieved from:
http://www.fbi.gov/ucr/cius2009/data/table_69.html
Florida Department of Corrections. (n.d.). Virtual Prison Tours & Misconceptions About
Florida Prisons. Retrieved from: http://www.dc.state.fl.us/oth/vtour/index.html &
http://www.dc.state.fl.us/oth/myths.html
Georgia Department of Corrections. (n.d.). About Georgia Department of Corrections.
Retrieved from: http://www.dcor.state.ga.us/AboutGDC/About.html
McCarthy, T.C. (2001) Penitentiary Origins in the City of New York. Retrieved from:
http://www.correctionhistory.org/html/chronicl/nycdoc/html/penitentiary2.html
New World Encyclopedia (2009). Middle Ages. Retrieved from:
http://www.newworldencyclopedia.org/entry/Middle_Ages#Crusades
Siegel, L. J. (2008). Criminology: The Core. Third Edition. Belmont, Ca. Cengage Learning
Siegel, L.J. (2010). Criminology: Theories, Patterns, and Typologies. Tenth Edition. Belmont:
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Wadsworth Cengage Learning.
U.S. Census Bureau. (2010). State and County Quick Facts. Florida. Georgia. Retrieved from:
http://quickfacts.census.gov/qfd/states/12000.html