chapter 2 chegg quizz

 On the Spirit of Laws (1748)

A book written by Charles de Montesquieu that proposed that govt. powers should be separated and balanced in order to guarantee individual rights & freedom.

On Crimes and Punishment

written by Cesare Beccaria; said that some punishments can never be justified because they are more evil than any "good" they might produce. Ex: use of torture to obtain confessions.

What were Cesare Beccaria's beliefs on punishment?

• He said that punishment should be swift b/c it offers the greatest deterrence (ideas of crime & punishment are more closely associated in a person's mind when punishment closely follows a crime).
• Said punishment should not be unnecessarily severe.

Who is Jeremy Bentham?

• Advocated utilitarianism.
• His beliefs became known as hedonistic calculus.
• Inventor of the panopticon.

Utilitarianism

the principle that the highest objective of public policy is the greatest happiness for the largest number of people.

Hedonistic calculus

the idea that people are motivated by pleasure and pain and that the proper amount of punishment can deter crime.

Panopticon

• Type of prison proposed by Jeremy Bentham.
• Supposed to be built in England.
• Circular, tiered design w/glass roof & window on outside wall of each cell.
• Structure made observing easy for prison staff.
• British govt. never used his plan, but U.S. govt. did. Ex: Stateville Correctional Center in Illinois

Sir Samuel Romilly

• Proposed a reexamination of the Penitentiary Act of 1779.
• Fought to reduce the # of English capital crimes until his death in 1818.
• 1861: # of capital crimes was reduced to 4 (murder, treason, piracy, & setting fire to arsenals)

Elizabeth Fry

Campaigned for the reform of prison conditions for women in Newgate jail.

Who was the first director of the BOP?

Sanford Bates

What contributions did Sanford Bates make to the modern correctional system?

• Began the Federal Prison Industries (FPI) and served as its chair from 1934 until his death in 1972.
• Created FPI programs involving work on prison farms, public lands, military bases, & highway construction.

George J. Beto

• Director of the Texas Dept. of Corrections from 1962 to 1972.
• Developed Texas Control Model, a program of prison management.
• Believed in prisoner rehabilitation.

Texas Control Model

o  Model built on the belief that inmates were in prison b/c of a lack of self-control, necessitating the need for strong external controls.

o  Depended upon strict rule enforcement, & prisoners were punished for even minor infractions of prison regulations.

Code of Hammurabi

Authorities were required to provide compensation because they failed to maintain law and order.

Code of Draco

Extremely harsh; routine use of death penalty, even for minor offenses.

• Draco was eponymous archon, or highest  magistrate in Athens.

Solon

revised criminal laws in Athens & abolished most of Draco’s code except for the punishment for homicide.

Twelve Tables

• Foundation of all Roman law.
• Death penalty required in 9 of the 27 sections on crim. behavior.
• Punishment based on class:
• Upper class men were typically exiled, subject to a loss of status, or privately executed.
• Lower class or slaves: impalement on a stake, crucifixion, death by wild beasts, or quartering.

Justinian Code

• Emperor Justinian I reviewed & revised the messy Roman law (took 40 years).

•   Corpus Juris Civilis (“body of civil law”), or Justinian Code became the textbook of legal codes in Europe.

Flogging (Flagellation)

the act of whipping or flogging the body w/implements such as rods, switches, or the cat-o’-nine-tails

Branding

• Marked the offender by using a hot iron.
• Abolished in England in the last half of the 18th century.

When was torture developed?

During the Roman Catholic Church's fight against heresy.

What are some of the different forms of torture?

• Racks-used to stretch the body.
• Thumbscrews-shattered the bone.
• Iron maidens
• Pear-inserted into anus, mouth, or vagina.
• Pressing-stretched and weighted.

Galley Slavery

• naval vessels called galleys were propelled by oars manned by galley slaves; as many as 200 might be required to propel a ship. Harsh treatment.
• End of 17th C.: development of man-of-war ships under sail put an end to galley service.

Gallows

rulers ordered mass executions to deter civil discord.

Transportation

• 18th c. & 19th c.-England sent convicted criminals to colonies abroad, 1st to North America and then, after the American Revolution, to Australia.

• Indentured to planters & tradesmen for 5-10 yrs.; 30,000 transported to American btw 1718 & 1775. 

Penal confinement can be traced to the ancient ______.

Greeks

What were early prisons used for?

imprisonment was not used as a means of correction but as a secure detention of suspected wrong-doers until they could be punished by execution, corporal punishment, or exile

Monastic confinement (early prison)

Used for violations of penal law.

Jails (Gaols) (Early prison)

used for the temporary detention of debtors & those who had committed minor offenses.

Bridewells (poorhouses), almshouses, and hospitals (early prisons)

• intended primarily for those incapable of looking after themselves; minor offenders; managed by county sheriffs.

• Began in 1555 with the London Bridewell.

Workhouses or Houses of Corrections (early prisons)

• where vagrants, beggars, & delinquents would be forced to work by way of discipline & punishment.
• Amsterdam's Tuchthuis, which became known as Rasphius, was the most important postmedieval development in incarceration; est. in 1596. By 1650s-prison workshop for males convicted of noncapital crimes.
• Spinhuis was developed for female offenders.

Maison de Force (early prison)

separated felons from minor offenders & women & children from hardened offenders.

Hospice of San Michele (early hospital)

• one of the 1st institutions to handle juvenile offenders.
• Rule of strict silence, enforced by flogging violators.

Who are the 3 Enlightenment philosophers whose ideas underlie modern corrections?

• Charles-Louis de Secondat
• Baron de Montesquieu
• Cesare Beccaria

Who was the first English prison reformer?

John Howard

John Howard

• Typed of typhus while inspecting horrible conditions in a Russian prison.
• provided the English govt. w/detailed proposals for improving the physical/mental health of prisoners, including where prisons should be located, the provision of clean water, proper diet & adequate hygiene, & guidelines for hiring qualified prison personnel.

Alexander Maconochie

Set up a system for newly arriving convicts in his prison colony where they were awarded marks to encourage effort and thrift.

• Sentences served in stages.
• Cruel punishments & degrading conditions were reduced.
• Sense of dignity respected.

Who developed the "Irish Mark System?"

Walter Crofton

Irish Mark System

Inmates could earn early release if they demonstrated achievement or positive attitudes; only applied to those serving terms of 3 yrs. or more. Separated into 3 stages:

• Lasted 8-9 months
• 4 classes. Had to earn 9 marks per month.
• Vocational training and spent in dormitories.

The "Irish Mark System" was adopted at the ___________ in the ________ and was called ___________ in America.

Elmira Reformatory;

1870s; parole

Colonial Punishment

The Puritans used the jail to detain individuals awaiting trial and those awaiting punishment.

Quakers

• Rejected English criminal law.
• Legislation enacted in 1682 by the 1st assembly in PA said that only murderers were subject to the gallows. Also req. the 1st prisons  and specified the care of inmates.
• After Dec. of Independence, PA leg. repealed the British laws and abolished capital punishment for all crimes other than 1st degree murder.
• State prisons established along with fines and jail terms.

Pennsylvania Prison Society

Formed in 1787 b/c people were appalled by the conditions of the Walnut Street Jail.

Eastern State Penitentiary

• Finished in 1829; goal was solitude.
• Resembled a fortress.
• Radial design w/7 wings (each w/76 cells), radiating from a central hub. "Hub and poke design"
• Based on the Pennsylvania Model.

Pennsylvania Model

• 1st warden: Samuel Wood
• Work and moral/religious books were regarded & received as favors; withheld as punishment.
• Crowding eventually became a problem, eliminating the possibility of solitude; silence was maintained.
• Investigated; charges of brutality.
• Forced inmates to reform in repressive conditions (solitary confinement).

New York Penal System

• Replaced Pennsylvania system; its influence is still evident today.
• 1797: Newgate prison built.
• 1816: new prison built; filled up in 1825.
• 1825: Sing Sing prison built.

"Auburn Cellblock"

• New wing that was built in 1818.
• Built for long-term solitary confinement.
• Prisoners were not allowed to work or sit or lie down during the day.
• Ended in 1825 due to suicides, attempted murders, and various physical and mental infirmities.

Auburn Silent System

• created by deputy warden John D. Cray.
• complete silence from prisoners at all times.
• Captain Elam Lynds managed the system for years; used numbers to identify prisoners.
• Prison was renamed the Auburn Correctional Facility in the 1970s; still in use today.

1st Correctional Congress (1870)

•   a group of reformers, including wardens & politicians, unhappy with the Auburn system, convened the leading figures in penology to hear proposals for change in the management of prisons.

• passed the Declaration of Principles: said that the goal of corrections should by the reformation of prisoners.

Declaration of Principles

• Prisoners should be classified on the basis of a marks system, rewards should be provided for good behavior, & indeterminate sentences should be substituted for fixed sentences.

• Prison’s aim should be to create industrious free men, rather than orderly & obedient prisoners.

Reformatory Model

• a penal system for youthful offenders introduced at Elmira Reformatory featuring:
• Indeterminate sentencing restricted to 1st offenders (btw ages 16 & 30), classification of prisoners, vocational & educational training, increased privileges for pos. behavior, parole, and payment of wages for as a reward for diligence and productivity.

Zebulon Brockway

• Became superintendent of Elmira Reformatory in 1876.
• Created the Reformatory Model.
• Resigned in 1900 after he was under investigation for whipping offenders with physical and/or mental disabilities.

Medical Model of Rehabilitation

The idea that criminality is a sickness that can be cured through psychological intervention.

"Scamp" system

• Developed by Howard Gill.

1. Situational Offender
2. Custodial (old & senile)
3. Asocial cases
4. Medical (handicapped, deformed, tubercular)
5. Personality (psychotics, neurotics, personality difficulties)

Estrella Jail

• Home to the only female chain gang in America.
• Built in 1991.
• Holds approx. 1000 inmates.

Convict Leasing

• System in the South in which state prisons leased inmates to planters & businesses.
• 1920s: this declined.

When & where did chain gangs begin?

1866; Georgia

Which 3 companies operate most of the private correctional facilities in the U.S.?

1. Corrections Corporation of America
2. GEO Group, Inc. (formerly Wackenhut Corrections)
3. Cornell Companies

Private operations presently operate more than ___ correctional facilities that house nearly _____ adult offenders.

260; 100,000