Prisons were virtually non-existent before the 1700’s because prison was not considered a serious punishment for crime. Instead, the government imprisoned those who were awaiting trial where they would receive a more appropriate punishment. Many punishments at the time included branding, extreme fines, whipping, and the death penalty or capital punishment. Most offenders when caught, received their punishment in public. This was done to try and discourage criminal activity and falls under the theory of deterrence.
It is difficult to pin an exact date on when the general beginning of imprisonment as punishment for crime was started. However, it is known that at the beginning of the eighteenth century imprisonment was unusual except when applied to religious or political offenders. The eighteenth century was the time of transition from corporal punishment to imprisonment and although the most rapid time of change was after 1775, the general movement was in progress throughout the entire period.
Early prisons were not what they are today. They were dark, dirty, overcrowded, and unhygienic. There was no separation for prisoners when they were locked up so this meant that men, women and children, plus dangerous criminals, debtors and the clinically insane could all be together. British reformer John Howard toured Europe to observe prison conditions. His book, the State of the Prisons in England and Wales, influenced the passage of a law that led to the construction of the first
The ideal of imprisonment did not exist during the colonial time. The penitentiary system was a nineteenth-century invention. The colonial, period was hierarchical, and the servants were supposed to be kept in place.
Capital punishment played a pivotal role in the punishment of criminals in the early colonial period, with William Penn of Pennsylvania being the first responsible leader to utilize imprisonment as a corrective treatment for major offenders. In 1682 his “Great Law” provided the confinement of both major and minor violators of the law to be placed in houses of correction.3 There they would partake in work for moderate compensation, for a period of time proportional to their respective crimes. Soon an amendment was ratified making murder a capital offense, and remained the only capital offense until 1700 when treason could also be punished by death. Up until the death of William Penn in 1718, Pennsylvania largely relied on fines and imprisonment, shifting to a different system of criminal punishment only after the passing of Penn. Soon after conservative groups gained control, and Pennsylvania reimposed the English criminal code, which increased the number of crimes punishable by death to twelve, and allowed punishments such as whipping to be doled out. This system lasted until the post colonial age, when in 1786 the state eliminated the death penalty for robbery and burglary and subsequently only retained capital punishment for first degree murder in 1794.4 Sparking the changes was the
Having extreme, agonizing, punishments was not out of the ordinary during the 17th century. The punishments and crimes were very unsystematic, and often times very foul. There were punishments that were as minor as carting,and there were punishments as severe as the death penalty.Throughout the 17th century there were a variety of punishments for different crimes that were commited.
People have been committing crimes for many centuries, however over time crime punishment changed in different ways. Some of the punishment methods used in one century is found not affective in another century. In England, during the 1600’s crime punishment where hasher and people who were considered criminals did not get many opportunities to be put on trial most time before being sent to face the death penalty. There are many factor that could have contributed to how crime punishment have revolved from the 1600’s all the way to the 1800’s. What were the causes that made the punishments from the 1600’s very different from the ones in the 1700’s and 1800’s? Is it just the different method
Punishments for crimes has changed tremendously from the 1800s. Crime rates began to rise because of an increase in population and wealth. Punishment has been around for thousands of years. The law originally stated that only slaves were allowed to be punished, and was later changed allowing free men to be tortured for committing crimes as well. The harsh punishments include, people getting their dominant hand cut of for stealing, and people were also burned alive. Women who committed adultery were drowned. Even the Catholic Church used torture to show they had power regardless of whether the people were guilty. Crime and punishment in the 1800s is similar and different from today because the crimes that are being committed have stayed the same where as the punishments have changed drastically.
To try to prevent crime from occurring some believed that making the punishments severe would slow the growth of crime. The punishments you would receive, varied on how bad the crime was that you committed. If you were accused for adultery or manslaughter, you were more than likely punished with a whipping or branding. When punished with a whipping the number of hits usually varied between 10 to 30. When committing adultery, you usually were required 30 hits with the whip and a hot iron brand to the forehead. You were also made to wear something around your neck showing the crime you committed. These punishments were usually for men, women were normally sent to workhouses. Hanging was also a big punishment in the 1800s. Hangings were found to be entertainment and multiple people received a job during a hanging. (Source 2, Page 101) When hanging got out of hand, they began to send the criminals to other colonies to serve their sentences. They found that it was much cheaper than holding them in the English prisons where they were overcrowded and the traveling had to be paid for. The 1800s is known to be the worst of crime because of the increase of population and the issues with wealth. Escapes were very common because the jails were overflowing and it was too much for the people to keep up with. Not only were adults at risk but children of any age were too because society was so bad. As time moved along some of the
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.
For centuries governments have acted on behalf of society removing and punishing criminals with the goal of protecting its citizens. Criminals were arrested and locked-up in jails awaiting their sentencing. Once sentenced, they were publically humiliated, tortured, or killed. Early forms punishments were cruel and mostly focused on retribution.
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
Wallace Stegner once said, “Nothing in our history has bound us to a plot of ground [since] feudalism once bound Europeans” (Stegner 301). The only exception is being imprisoned. For those who brake society’s set laws, “Prisons and their many variants are built environments whose intended purpose is punishment, deterrence, rehabilitation and incapacitation” (Awofeso). Prisons began to be more widely used because the early Catholic Church disapproved of physical punishments. In 1298, Pope Boniface VIII authorized that incarceration and lack of liberty will take the place of the “eye for an eye” way of settling disputes previously employed (Awofeso). Today,
In colonial America, before the Revolution occurred from 1775 to 1783, criminal justice systems varied from colony to colony. After Americans gained their independence from Britain, they were able to begin experimenting with criminal justice. Before prisons were built following the Revolution, colonies used more extreme punishment measures to discipline criminals. In the Pennsylvania colony, punishment houses were built where criminals would be forced to do laborious jobs. Execution was still a
After John Howard became the High Sheriff of Bedfordshire, England in 1773 he stumbled upon the harsh truth that the prison system under his command was a vivid resemblance to that of a torture dungeon. Upon further investigation, Howard realized that prisons throughout England were were exactly the same, in which prisoners were crowded together, chained and locked into dark chambers, light and oxygen deprived, given no water, and preyed upon by many other Jailors, who were in charge of running the prisons serving as prison guards. Howard further went out of his way to observe the prison systems in other European countries such as Holland, Belgium, and Italy, in which he found that their prison systems were totally different as they originated with the philosophy
American prison system incarceration was not officially used as the main form of punishment in United States (U.S.) until around the 1800’s. Before that time criminals were mainly punished by public shaming, which involved punishments such as being whipped, or branded (HL, 2015). In fact, President Lincoln codified the prison incarceration system in the Emancipation Proclamation that indicated no slavery would take place in America unless a person was duly convicted of a crime (paraphrased) (White, 2015). In this era prisons were used more as a place where criminals could be detained until their trial date if afforded such an opportunity. However, one of the main problems with this idea was the fact that the prisons were badly maintained, which resulted in many people contracting fatal diseases. Yet, according to White (2015) unethical and immoral medical experiments were also conducted on inmates’ leading to health failures. Moreover, because everyone was detained in the same prisons, adolescent offenders would have to share the same living space with adult felons, which became another serious problem in that adolescent were less mature and could not protect themselves in such environments
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
The corrections system in America began mostly with the arrival of William Penn and his “Great Law.” This was back in 1682; the “Great Law” was based on humane principals and also focused on hard labor as a punishment. The corrections system really began to take hold in North America in the late 1700’s with the idea’s and philosophy of Beccaria, Bentham, and Howard. These philosophies were based on the thought that prisoners could be treated and reformed back into society. This hard labor was used as an alternative to other cruel forms of punishments that were used in earlier times such as physical abuse or even brutal death.