Prison Systems

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Prison Systems

• Unit 6

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Quick Review
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Sentencing

• The imposition of a criminal sanction by a
  judicial authority.

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The Five Philosophies of Criminal Sentencing

• Retribution
• Incapacitation
• Deterrence
• Rehabilitation
• Restoration

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Prison Systems

• Unit 6.1

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Early Punishment

• A. Imprisonment is a relatively new punishment
  most early punishments were corporal in nature.
  (The 90s are known as the decade of
  imprisonment.)
• 1. This form of punishment is consistent with the
  doctrine of lex talionis.

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Early Punishment

• 2. Lex Talionis The law of retaliation often
  expressed as an eye for an eye or like for
  like.
• 3. The convicted offender was usually sentenced
  to suffer punishment that closely resembled the
  original injury (i.e. if blinded another, they
  would be blinded)

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Early Punishment

• B. Flogging
• 1. Historically has been the most widely used
  physical punishment. It is a painful punishment
  whose memory might deter repeat offenses.

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Early Punishment

• B. Flogging
• 2. Used in England throughout the Middle Ages
  where offenders would be beaten as they ran
  through the streets and towns with their hands
  tied behind their backs.

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Early Punishment

• B. Flogging
• 3. Last officially sanctioned flogging of a
  criminal offender in the United States happened
  in Delaware on June 16, 1952 when a burglar
  received 20 lashes.

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Early Punishment

• B. Flogging
• 4. 1994 flogging of Michael Fay in Singapore
  led to a rebirth of interest in physical
  sanctions in America.

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Caning In Singapore

• The method used to cane Michael Fay

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Caning In Singapore
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Early Punishment

• B. Flogging
• 4. In 1995 eight states entertained legislation
  that would endorse whipping or paddling as a
  criminal sanction. (None have yet been made into
  law)

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• a. Mississippi paddling graffiti artist and
  petty thieves
• b. Tennessee punishing vandals and burglars
  by public caning on the courthouse steps.
• c. New Mexico caning graffiti artist/vandals
• d. Louisiana ordering parents or correctional
  officer to spank their children in judicial
  chambers.

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Early Punishment

• 5. Types of Whips
• a. Russian Knot was fashioned out of leather
  a strand with fishhooklike wires attached to the
  end.
• b. Cat-O-Nine Tails made of at least nine
  strands of leather or rope instead of a single
  strap.

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Early Punishment

• C. Mutilation
• 1. Considered a strategy of specific
  deterrence.
• 2. Various societies have amputated the hands
  of thieves and robbers, blinded spies, and
  castrated rapist. Blasphemers have had their
  tongue ripped out, and pickpockets suffered
  broken fingers.

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Early Punishment

• C. Mutilation
• 3. Some countries in the Arab world, including
  Saudi Arabia and Iran, still rely upon limited
  use of mutilation as a penalty.
• 4. It also creates a general deterrence by
  providing walking examples to potential offenders.

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Early Punishment

• D. Branding
• 1. A good example of branding could be found in
  the book, The Scarlet Letter by Nathaniel
  Hawthorne.
• 2. Brands were placed either on the forehead or
  hand of men.
• 3. Women were not marked but were forced to
  wear marked clothing.

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Early Punishment
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Early Punishment

• E. Public Humiliation
• 1. Examples include the Stocks (Sitting, legs
  detained and head free), the Pillory (Standing,
  head and hands detained), the Brank, and the
  Ducking stool.

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Early Punishment

• E. Public Humiliation
• 2. Stocks and Pillory were located in center of
  town or major roadway leading into town.
  Citizens would take rotten tomatoes and eggs and
  throw them at the offenders. They would
  sometimes substitute rocks causing serious injury
  to the offender, enough to lead to death.

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Early Punishment

• Stocks Pillory Combination

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Early Punishment

• Stocks

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Early Punishment

• Pillory

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Early Punishment

• Pillory

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Early Punishment

• E. Public Humiliation
• 3. The Brank and ducking stool were used for
  gossips teaching the offenders to keep a shut
  mouth or a still tongue. The Brank was a
  birdlike cage worn around the head with a
  razor-sharp blade inserted into the mouth.

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Early Punishment
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Early Punishment

• E. Public Humiliation
• The Ducking stool was a seesaw device that was
  placed next to a deep body of water. The
  offender would be placed at the end closest to
  the water and would be lowered turning nearly
  upside down underwater.

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Early Punishment
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Early Punishment

• F. Workhouses
• 1. Were used to instill habits of the
  industry to the unemployed.
• 2. The first workhouse was opened in Europe in
  1557 in a former palace called Saint Bridgets
  Well. The facility was later called Bridewells

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Early Punishment

• F. Workhouses
• 3. Bridewell taught work habits, not specific
  skills.
• 4. They were not designed for punishment or for
  incarceration, but to reinforce the value of hard
  work.

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Early Punishment

• G. Exile
• 1. Scapegoat a practice of ancient Hebrews
  who periodically sent out a sacrificial lamb
  carrying the tribes sins into the wilderness.
• 2. French sent out their criminal offenders
  to Devils Island

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Early Punishment

• G. Exile
• 3. Russia sent their criminal offenders to
  Siberia
• 4. England - sent their criminal offenders to
  America. After the American Revolution criminal
  offenders were placed in Hulks. After Captain
  Cook discovered Australia, criminal offenders
  were sent there. This was called by the English,
  Transportation