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TERM PAPER Taia Brymer Trace the development of punishment from Greek and Roman times, through the Middle Ages and up to the Age of Enlightenment. The conceptual development of punishment can be traced by examination of the roles, practices, and operations used by a society at a given time. The evolution of corrections from Greek and Roman times through the Middle Ages and up to the Age of Enlightenment was greatly impacted by the structure and context of each society. Each of these societies had a clear power structure that predetermined justice for its people. Before Babylonian times, punishment culminated predominately in the elimination of offenders. In 1750 B.C., the code of Hammurabi codified laws for the Babylonian Kingdom. The punishments were harsh, based on vengeance, and many times applied by the offended party. In Roman days, the idea of a civil death was developed that included loss of citizenship, exile, and/or confiscation of property. The Medieval Period was more focused on the Christian faith; crimes were considered against God. Church law and state law were one in the same, so crimes were equated with sin. The redress for crimes required the sinner to pay a debt to society and God. The concept of ordeal made it difficult to avoid convictions or death. Up to the Age of Enlightenment the principle of punishment favored the power of the state. Humanism of the eighteenth century developed the idea of individual dignity. A new view that focused punishment on

preventing criminal conduct. Also, penal code described the rights of individuals including innocence until proven guilty. GREEK AND ROMAN TIMES Greek and Roman societies were hierarchical and patriarchal. Class structure defined the privileges afforded to those in each group, and male citizens formed the highest social group. The wealthiest land-owning males had the most power and made the laws. Family was the center of society, therefore most punishment related to injury against family members or their property. In Athenian democracy a citizen could be punished with expulsion. Ostracism was used as a way defuse confrontations that threatened the order of the society. Often it was used against political enemies of the rich and powerful. Expulsion was voted on in the assembly could last up to ten years, allowing banished citizens to return after their punishment without stigma. This differs from civil death in Roman society because Greek ostracism gave offenders an opportunity to return to their previous lives without loss of property and possessions. In Roman times involuntary penal servitude (civil death) was common. Property could be confiscated in the name of the state. Criminals were subjected to social consequences such as loss of civil rights, parental rights, and public benefits. After civil death a person’s wife was considered a widow and allowed to remarry. Committing people to slavery as punishment provided needed workers for households, mines, ship galleys, and public works. Slaves had brutal working conditions and could be killed. MIDDLE AGES

In the hierarchy of the Middle Ages, the Church had supreme power and influence over society. Crime was equated with sin, and offenders were required to pay restitution to society and the Church. Harsh punishments were a preventative measure to keep potential sinners from the eternal agony of damnation. Ordeals were used when there was little to no evidence of guilt or innocence. The ordeal was intended to put conviction of an offender in God’s hand. If you were pure and innocent God would save you, and if you weren’t you would succumb to your punishments or death. Some of the test during the ordeal can be traced back to the Babylonian era, where a woman accused of adultery would be submitted to a trial by water. Methods used most common include: “ordeal of the cauldron” where a cauldron of water was boiled, and an offender was required to retrieve a ring at the bottom. Trial by water, being fully submersed in water if you died you were guilty and if you lived it was God’s will. In the 13th century, Pope Gregory IX established the Inquisition tribunals. These were used for the crime of heresy that refuted accepted beliefs of the Church. In fact, they served to suppress religious dissent. Inquisition tribunals were notorious for torture. The Church conducted a trial for which the penalty could be excommunication (eternal damnation). The condemned was then handed to civil authorities for punishment, often execution by burning at the stake. ENLIGHTENMENT In the 18th century the Age of Enlightenment developed based on the work of Humanist philosophers such as Montesquieu, Voltaire, Beccaria, Bentham, Howard and Penn. Their studies led to changes in the treatment of criminals. The Humanist questioned the ideas of torture and individual rights. They established a group of guiding

principles that included: utilitarianism (the greatest good for the greatest number), crime prevention is more important than punishment, the seriousness of a crime is based on the extent of injury, and humane treatment (torture should be abolished). Reformers encouraged graduated penalties that were applied without discrimination to all citizens in a democratic way. They advocated that individual be regarded and innocent until proven guilty and they cannot be forced to testify against themselves. Each accused person should have the right to council and prompt and public trial by a jury when possible. Describe Intermediate Sanctions and provide examples of this sanction type. What was the social-political context in America that led to the creation of this sanction type? What are the advantages and disadvantages of using intermediate sanctions? Intermediate sanctions are alternatives to imprisonment or parole, given to lesser/first time offenders. The were created to give judges more flexibility on sentencing and to keep lower level criminals out of jail. Intermediate sanctioning can help combat the high cost for jails since they require the offender to pay fines, therapy, etc. Intermediate sanctions can often help with overcrowding in jails, by providing an external alternative. Intermediate sanctions can include drug testing, halfway house monitoring, house arrest, rehab, and fines. The option of intermediate sanctions reduces the cost that the government must pay by dumping it on the offender. Often, they are required to pay fines anywhere from a couple dollar to thousands, or if they need rehab, they are required to pay for it.

Our penal system continues to prove that it’s unfair, unsafe, and ineffective. Intermediate sanctions can help closely monitor high-risk offenders in a safer environment. Many lower level offenders get incarcerated and end up with worse charges then they went in with. When you get incarcerated many people don’t consider what you have to do to survive in jail. Jail can take a minor criminal with marijuana charge and spit them out as a harden criminal. It’s a system that is lacking humane treatment and attention to basic human needs. The U.S. Sentencing Commission (USSC) reported that 68% of inmates return to jail within three years of being released (2005). Recidivism rates are considerably higher for released without parole, but many paroled inmates are tripped up in the strict parole rules and end up back in jail with a longer sentence. Recidivism rates can also heavily depend on age, USSC found that 67.6% of prisoners under 21 are re-arrested. These high percentages indicate a huge problem in our penal system that is not being solved. The U.S. Justice system focuses mainly on conviction and incarceration, not what happens to offenders after they are put into the system. Offenders are locked up with the notion that “you do the crime; you pay the time” not worrying about what happens to them inside. Many people consider jail and everything that happens inside part of the punishment. According to the Correction Officers Union (AFSCME) jail is too soft on inmates. The AFSCME claims that jail is too comfortable and that’s why recidivism rates are so high. The Criminal Justice Reform bill was created to reduce harsh sentences and mass incarceration resulting in overcrowding. The United States has the highest incarceration rate in the world with less than 5% of the world’s population (Hillary 2019). About 2.3 million Americans are incarcerated presently.

Our justice system continues to show racial bias. 71.4% of prisoner are of African American or Latino decent, while making up only 21% of the U.S. population. Women also face discrimination; African American women make up 30% of jails in the U.S. and Latina women make up 16% (world atlas cite needed). Kentucky has one of the highest incarceration rates in the United States. Intermediate sanctions can help reduce these percentages but often they are given to white and Asian men/women over people of color. One in nine black children have a parent in jail (Washington Post 2015). This increases the chance of them following in their parents’ footsteps. The United States justice system continuingly removes Black and Latino parents from homes. Ideally intermediate sanctions would allow offenders to serve time while remaining at home with their families. If we look at our justice system like a revolving door, we are setting kids up, especially children of color, to bounce in and out of jail. Children from lower class families are three times as likely to have a parent in jail compared to high-income/middle class families. More fathers are incarcerated than mothers. This leaves sons without a father figure, becoming vulnerable to gangs and other criminal activity. Our justice system rips families apart, it’s not just a punishment for the offender it’s a punishment for everyone who cares about them. You are choosing to take a parent away from a child, a husband away from a wife, a sister away from her family. The Bureau of Justice Statistics (BJS) report (2010) estimated that 809,800 prisoners behind bars are a parent of a minor. That is 2.3% of the United States population under 18.

From 1991-2007 the rate of incarcerated parents increased 69%. Intermediate sanctions are a pretty picture of something that should help families. 53% of people in prison are below the poverty line, keeping them out of jail with intermediate sanctions is a small win. When you throw huge fines at them, they have no way to make the payment and may end up in jail anyways (Jackson Free Press 2011). President Nixon started the mass War on Drugs resulting in 48% of the 2.3 million Americans incarcerated for drug related crimes. The BJS reports that 35% of state and federal inmates broke the law in order to get money for drugs. In 2019 45.4% of inmates were arrested for drug related crimes, with 16% being violent (Federal Bureau of Prisons 2019). Intermediate sanctions do have advantages though. They provide a cost-effective way to monitor offenders. Intermediate sanctions are more expensive than probation but incredibly more cost effective than incarceration. Offenders offered intermediate sanctions can contribute to the community through paying fines, retribution for victims, and community service. Intermediate sanctions can also be tailored to fit specific crimes which promotes fairness. They can also help reduce recidivism by providing increased monitoring for high-risk offenders. What can be done to reduce prison over-crowding? Are there any successful models for reducing overcrowding? If so, describe those efforts. Based on many articles, journals and studies that I’ve read nobody exactly knows how to reduce prison overcrowding. There are multiple solutions that still have not been implemented in most states. Prison overcrowding happens when the demand for spaces is higher than the supply of spaces in jail. Prison overcrowding contributes to poor prison conditions, and officers taking on too much responsibility and risk. Prison overcrowding

is a problem within our justice system, not higher rates of crime. Prison overcrowding prevents jails from being able to provide basic human needs, thorough medical care, food, beds, etc. In Clark County Jail you can stay in the drunk tank for up to three months because of their overcrowding. Prison overcrowding increases the risk for violent crimes committed in jail. Most people in prison are convicted on non-violent crimes, with the most common charges being drug possession, burglary, drug trafficking, and larceny (Bureau of Justice Statistic 2004). According to a study done by the American Civil Liberties Union (ACLU) 80% of the 3,278 prisoners are serving life without parole (LWP) for non-violent crimes in 2012. You can get lwp for owning a crack pipe, a bottle cap containing a trace of heroin, handing out LSD at a festival, etc. The United States makes up 5% of the world’s population yet we have 2.3 million people incarcerated. 1 in 5 people are incarcerated for a non-violent drug related crime (Prison Policy 2019). Many states have already adopted alternative ways to punish people for crimes, but attention is lacking in some places. Jail diversion is a very popular solution to prison overcrowding. Falcon is focusing on redistributing mental health and drug offenders into a “umbrella agency” that focuses specifically on adjusting them back into society. In their study they include a mental health evaluation, physical assessment, a COMPAS questionnaire that would help place inmates in places they could thrive, and finally a discharge plan (Falcon 2017). In 2012 the Penal Reform International (PRI) created a ten-point plan to reduce overcrowding in jails. In their article they highlight the importance of decided what crimes are worthy of still being in jail, pushing release for non-violent criminals. PRI

suggests that we should focus more on crime prevention instead of crime punishment, divert minors into alternative programs, improve case management and public defender options, etc.

Work Cited American Civil Liberties Union (2013) “Living Death Life Without Parole Nonviolent Offenses,”

https://www.aclu.org/report/living-death-life-without-parole-nonviolent-

offenses accessed April 10, 2019 Bureau of Justice Statistics (2004) “Profile of Nonviolent Criminals Exiting State Prisons,”

https://www.bjs.gov/content/pub/pdf/pnoesp.pdf accessed April 10, 2019

Bureau of Justice Statistics (2010) “Parents in Prison and Their Minor Children,” https://www.bjs.gov/content/pub/pdf/pptmc.pdf accessed April 10, 2019 Harry E. Allen, Edward J. Latessa, & Bruce S. Ponder “Corrections in America: An Introduction,” (2019) New York, New York Falcon (2017) “A Solution to Overcrowding in Jails,”

http://www.falconinc.com/wp-

content/uploads/2017/03/Falcon_WhitePaper_Case-4_r2rev1.pdf accessed April 10, 2019 Federal Bureau of Prisons (2019) “Statistics Inmate Offenses,” https://www.bop.gov/about/statistics/statistics_inmate_offenses.jsp accessed April 10, 2019 Hillary Clinton (2019) “Criminal Justice Reform,” https://www.hillaryclinton.com/issues/criminal-justice-reform/ accessed April 10, 2019 Jackson Free Press (2011) “The Poverty Crime Connection,” http://www.jacksonfreepress.com/news/2011/oct/19/the-poverty-crime-connection/ accessed April 10, 2019

Penal Reform (2012) “Ten Point Plan to Reduce Prison Overcrowding,” https://www.penalreform.org/priorities/prison-conditions/key-facts/overcrowding/ accessed April 10, 2019 Penal Reform (2013) “10 Point Plan Overcrowding,”

https://cdn.penalreform.org/wp-

content/uploads/2013/05/10-pt-plan-overcrowding.pdf accessed April 10, 2019 Prison Policy (2019) “Mass Incarceration: The Whole Pie,” (2019) https://www.prisonpolicy.org/reports/pie2019.html April 10, 2019 Washington Post (2015) “One in Nine Black Children Have Had a Parent in Prison,” https://www.washingtonpost.com/news/wonk/wp/2015/10/27/one-in-nine-black-childrenhave-had-a-parent-in-prison/?utm_term=.7882c9a3d87a accessed April 10, 2019 World Atlas (2018) “Incarceration Rates by Race Ethnicity and Gender In The U.S.,” https://www.worldatlas.com/articles/incarceration-rates-by-race-ethnicity-and-genderin-the-u-s.html accessed April 10, 2019 World History (2003-2018), “Ordeals in Medieval Europe,” https://worldhistory.us/medieval-history/ordeals-in-medieval-europe.php accessed April 10, 2019...