Chapter 3 (1)- corrections PDF

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Professor Cannon...

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Chapter 3 ●

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William Perm ○ Adopted the Great Law of Pennsylvania ○ Based on humane Quaker principles and emphasized hard labor in a house of correction as punished for most crimes ■ Death reserved for premeditated murder ■ The law was used until 1718 when it was replaced by the Anglican Code ■ The Anglican Code featuring 13 laws, 12 of which were punishable by death ■ Corporal punishment was used for a variety of offenses Penitentiary was a place intended to isolate prisoners from society and from one another so that they could reflect on their past misdeeds, repent, and thus undergo reformation ○ First appeared in 1790 ○ Philadelphia's Walnut Street Jail ○ By 1830 foreign observers were looking at the American System as a model ■ Tocqueville ■ William Crawford The Pennsylvania System ○ Prisoners would not be treated vengefully but should be convinced that through hard and selective forms of suffering they could change their lives. ○ Solitary confinement would prevent further corruption inside prison ○ In isolation, offenders would reflect on their transgressions and repent. ○ Total Isolation ○ Only given a Bible ○ Outside sell design ■ 6 by 8 foot ■ Walls 9 ft high ○ Individual work project ○ Principles: ■ Solitary confinement would be punishment because humans are by nature social beings ■ Solitary confinement would be economical because prisoners would not need long periods of time to repent, and therefore fewer keepers would be needed and the costs of clothing would be lower. The New York (Auburn) System ○ Congregate System ■ Inmates held in isolation at night but congregated on workshops during the day under a rule of silence. Inmates were forbidden from talking or even looking at each other while working. ■ Block stepped formation ○ Contract Labor System ■ Inmate labor sold on a contractual basis to private employers who provided the machinery and raw materials with which inmates made

salable products in the institution. States negotiated contracts with manufacturers and prisoner created raw goods. ● Were able to produce a product and sell it ● Economics is the main reason Auburn wins ● Late 1700s- early 1800s ● Almshouse- every town built one; took people that are homeless there. They will make you work there ● Freedoms of American society - Salem institution ● In the south and the west they use the contract labor system ●

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Lease System ○ Inmates were leased to contractors who provided prisoners with food and clothing in exchange for their labor. In southern states, the prisoners were used as field laborers. ○ Leasing program used extensively in California, Montana, Oregon, and Wyoming until passage of the Anti- Contract Law of 1887. ○ Upon becoming a state in 1850, California reformatted its system, which led to San Quentin and other prison reforms. The Reformatory Movement ○ By mid-1800s reformers became disillusioned with the penitentiary due to overcrowding, understaffing, and minimal financing. ○ Nationwide survey of prisons exposed inadequacies ○ Alexander Maconochie ■ Becomes the governor at Norfolk Island (1000 miles from Australia) ■ Mark System- where penalties would be graded according to crime and release would be based on good behavior. ■ He lasts the governor for 4 years ■ Soften Crofton- head of the Irish prison system in 1854 ■ Sets it up in 4 stages ● Total isolation (lasts for 9 months) for the first 3 months you get minimal food and water and nothing to do. After 3 months you get stuff to do ● Go to a regular prison that is set up in Auburn style prisonbehavior kept track of. Accumulating marks ● Open institution- some place you stay every night but able to work in the community during the day ● Ticket of leave- Paroral . Police would watch you but you get to go out do return to the community ● Positivism rate is about 3% Elmira Reformatory ○ Zebulon Brockway was a superintendent of first reformatory at Elmira, New York ○ Believer that diagnosis and treatment were the keys to reform and rehabilitation ○ Wanted to identify the “root causes” of the offender’s deviance ○ Designed for first-time felon offenders between ages of 16 and 30 ○ Grade system

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Good behavior Work Education After 6 months you get promoted ● Once released you will go out on parole

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Lasting Reforms ● Indeterminate sentencing ● Inmate classification ● Rehabilitative programs ● Parole

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Individualized Treatment and the Positive School ○ Two words that describe this positivist school of thought: conscience and convenience ○ A benevolent set of men and women sought to understand crime, cas by case ○ Need to know life history of each offender and then devise a treatment program specific to that individual. Positivist school assumptions: ○ Criminal behavior is not the result of free will but stems from factors over which the individual has no control: ■ Biological characteristics ■ Psychological maladjustments ■ Sociological conditions ○ Criminals can be treated so that they can lea crime-free lives ○ Treatment must center on the individual and the individual’s adjustment Medical Model ○ Assumption that criminal behavior is caused by social, psychological, or biological deficiencies that require treatment 1929 ○ Congress authorized the Federal Bureau of Prisons to develop institutions to ensure proper classification, care, and treatment of offenders. ○ Stanford Bates was the first director of the Bureau and pushed forth the medical model 1950s came to be known as the Era of Treatment California, New Jersey, and Illinois began to heavily implement reforms Prisons were to become something like mental hospitals that would rehabilitate and test the inmate for readiness to reenter society. Social and political values 1960s and 1970s: ○ Civil rights movement ○ War on poverty ○ Resistance to the Vietnam War American challenged government institutions dealing with: ○ Education

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○ Mental health ○ Juvenile delinquency ○ Adult corrections Community corrections ○ Reintegrating the offender into the community should be the goal of the criminal justice system ○ Corrections should turn away from psychological care and turn to programs that would increase offenders’ success upon leaving the institution. Attica Prison Riot ○ Officials urged to make demarcation through community corrections the goal and make greater use of alternatives such as : ■ Probation ■ Halfway houses ■ Community service The Decline of Rehabilitation ○ Proponents called for longer sentences, especially for career criminals and violence offenders ○ Robert Martinson’s “Nothing Works” report ○ Also challenged unwarranted amount of discretion given to correctional decision makers, particularly that of the parole board. The Emergence of Crime Control: ○ Political climate hanged in 1970s and 1980s ○ Crime rates at historic levels ○ Response by legislators, judges, criminal justice officials ○ By 1980,, crime and punishment became intense subject for ideological conflict, partisan politics, and legislative action ○ A more punitive ethos during that time (1980s & 1990s) also influenced its return....