History And Evolution Of The Penal System

Between 1700 and 1900 a system familiar to our eyes emerged as a result of important changes. The 1800s very harsh and a lot of crime was done in that time. The laws, punishment and jail were similar, also very different from today's. In the 1800s the punishment was much more survivor and stick to it more than now. If you lived back in that time, it was usual to walk the streets and you see a hanging happening. This showing the cruelty and none caring of the people and how harsh the punishment was.

The term “Penal Crisis” has circulated the media and academic literature for over 20 to 30 years, and speculation has arisen as to how the penal system can continue to strive on in such a ‘crisis’. Is there really a major problem with the system if it can survive in spite of this?

Change over time; that is a common theme with everything in the world. The concept of punishment is no different in that regard. In the 16th and 17th century the common view for punishing people was retaliation from the king and to be done in the town square. In what seemed to be all of a sudden, there was a change in human thinking, the concept of punishment changed to a more psychological approach compared to a public embarrassment/torture approach. The following paragraphs will discuss the development of prisons and what in fact gives people gives people the right to punish; as well as the overall meaning and function of prisons. The work by Michel Foucault in Discipline and Punish: The Birth of the Prison will help with the arguments

Throughout the years, the use of imprisonment has varied, along with its influences of society. It is thought that although prisons have been around since the thirteenth century, prisons as we know them now to be have only been around for the last three centuries. The first uses of prisons were not seen as a form of punishment instead they were used as a way of making people do something. People would be held in prison until they paid their debts, or awaiting trial and then leading up to their sentence. McGowen (1995) suggests that from the early 1700s ‘bridewells’ a house of correction have existed, however at that time being used merely for vagrants and drunks. At the end of the sixteenth century there was a shift in punishment to imprisonment, along with this came a new, more humane idea of reform. Criminals would spend their days of prison carrying out hard labour. However after the American Revolution, imprisonment took a step back and there was another change. There was mass overcrowding within the prison service and although the death penalty was still being used it was a symbol of the power of the state. Therefore, an everyday way of dealing with offenders would be transportation to the colonies, being either Australia or America.

The delivery of punishment has changed significantly over the centuries. Up until the 19th century in England, imprisonment was not regarded as a punishment, it was merely used while the offender waited to be sentenced to their ‘real’ punishment (Bull, 2010; Hirst, 1998). Corporal punishment such as flogging, branding and mutilation, death by hanging, and transportation to other continents such as America and Australia were common punitive measures through the ages, until well into the 1800’s (Newburn, 2003). Although these extreme penalties are no longer acceptable or practised by criminal courts in England or Australia, in some ways, the past has

During the 17 and 18th century the British legal system was incredibly harsh, distributing death penalties for often minor offences, the aim of this was to deter individuals from committing crime. There was very

There can be no doubt that the penal system in the United Kingdom is in crisis. With prisons already overcrowded, the criminal courts continue to imprison offenders at an alarming rate. There are several good reasons for this occurrence, but to explain the crisis, there is a need to delve into the various factors that combine together to create the problem. This report will take a critical look at the problem using the Orthodox Account and again using the Radical Pluralism Account in order to explain why the latter is better than the former.

“Lock them up and throw away the key” – that is usually the headline when in regards to offenders going to prison. However, billions of dollars are going into maintaining prisons, yet the rate of recidivism is around 44% (Pearsons, 2011), so it is clear that prisons are no longer effective. The main argument of this paper is that because prisons are inefficient, they should be abolished so other forms of punishment can be found and acted upon. Firstly, this paper will discuss the function of prisons in regards to penal abolition. Also, it will identify what penal abolition is and explain three alternatives to prison – housing alternatives, restorative models, and

There have been many changes in the treatment of offenders by the Criminal Justice System in England and Wales, particularly the treatment of female offenders. The handling of women within the criminal justice system has been closely tied to their social characteristics, and to what might be described as their ‘social construction’. On the other hand, women who compromise more than half of the world’s population, account for only 15% of criminal activity and as a consequence, relatively little attention has been given to them. This essay will explore how this has changed from a historical point of view to modern times, with exploration from cross-culture comparisons and an overview of the treatments of females in prisons.

The second supporting argument that Parliament imposes the judiciary to place too much emphasis on incarceration is characterized by the reduction of credit for pre-sentence custody credit. Fortunately, this was amended in 2014. The Truth in Sentencing Act, one of the government’s early “tough on crime” laws was passed in 2009, but became operative on Feb. 22, 2010. This Act contributed to the changes regarding the credit offenders received for pre-sentence detention or “dead-time,” that does not count towards any parole or early release eligibility. This curbed judge’s ability to give a break on sentencing when a convicted offender has spent lengthy time in pre-trial jail custody. This discount in sentencing had evolved to recognize that

Responsibility of offenders can be considered to have arose as part of the ‘Just Deserts’ in which is fundamental to it rational in two ways. First, the need to sentence individuals for the crime committed rather than sociological or behavioural issue that may have been a factor in the offender committing the crime. Secondly, under the concept of proportionality in which the sentence is proportionate to the crime. At this point a very subtle difference in sentencing had an impact on the way probation was viewed because non-custodial sentences became recognised as an alternative to prison rather than an alternative to punishment (Worrall, 2006). Thus, probation was regarded as a punishment in its own right which is

From the late Middle Ages to the end of the nineteenth century punishments changed quite greatly although some things, of course, remained the same. A few things that changed were the policing, the use of gaols and the ideas based around capital punishment.

Prison is an institution for the confinement of persons convicted of criminal offenses. Throughout history, most societies have built places in which to hold persons accused of criminal acts pending some form of trial. The idea of confining persons after a trial as punishment for their crimes is relatively new.

Michel Foucault is a very famous French intellectual who practiced the knowledge of sociology. Foucault analyzed how knowledge related to social structures, in particular the concept of punishment within the penal system. His theory through, Discipline and Punish: The Birth of the Prison, is a detailed outline of the disciplinary society; in which organizes populations, their relations to power formations, and the corresponding conceptions of the subjects themselves. Previously, this type of punishment focused on torture and dismemberment, in which was applied directly to bodies. Foucault mentions through his literary piece, “the soul is the effect and instrument of a political anatomy: the soul is the prison of the body (p.30). However, today, the notion of punishment involves public appearances in a court and much more humane sentences. However, it is important to note and to understand the idea of power and knowledge; it is fundamental to understand the social system as a whole.

Throughout history, there has been many different methods for corrections. Looking back over time, you can see how the correctional system has evolved from the harsh, brutal, inhumane ways of the 16th century, to the rehabilitation methods of today. In the correctional system, there are different types of correctional facilities, various custody levels, and a time where it all started.