Chapter 3 The History of Corrections in America Clear & Cole, American Corrections, 6th.
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Transcript Chapter 3 The History of Corrections in America Clear & Cole, American Corrections, 6th.
Chapter 3
The History of
Corrections in
America
Clear & Cole, American Corrections, 6th
Evolution of punishment
in America, 1600 - 2000
Medical
Model
1930s - 1960s
Community
Model
1960s - 1970s
Crime
Control
Model
1970s - 2000
Progressive
Period
Colonial
Period
1890s - 1930s
1600s - 1790s
Reformatory
Movement
Prisons in
South & West
Arrival of the
Penitentiary
1870s - 1890s
1800’s
1790s - 1860s
Clear & Cole, American Corrections, 6th
“penitentiary”
definition
an institution designed to
isolate prisoners from
society & from each other
so they can reflect on their
crimes, repent, & reform
Clear & Cole, American Corrections, 6th
principles of the “penitentiary”
isolate prisoner from bad influences of
society--liquor, temptation, people
penance & silent contemplation
productive labor
reform (thinking & work habits)
return to society, renewed
key = solitary confinement
isolate from contagion
foster quiet reflection
= punishment, since man is social animal
cheap: shorter sentence, fewer guards
Clear & Cole, American Corrections, 6th
competing models
Pennsylvania system
“Separate system”
solitary confinement
eat, sleep, work in cell
religious instruction
reflection upon crimes
reform through
model for Europe
eg:
salvation
religious enlightenment
Walnut St. Jail
Western Penitentiary
Eastern State Pen.
Clear & Cole, American Corrections, 6th
“radial design”
Eastern State Penitentiary, Philadelphia 1829
Clear & Cole, American Corrections, 6th
competing models
Pennsylvania system
“Separate system”
solitary confinement
eat, sleep, work in cell
religious instruction
reflection upon crimes
New York system
reform through
salvation
religious enlightenment
model for Europe
eg:
Walnut St. Jail
Western Penitentiary
Eastern State Pen.
evolved into
“Congregate system”
hard labor in shops-day
solitary confinement-night
strict discipline
rule of silence
reform through
model for US-economical
eg: Auburn Prison, 1816
good work habits
discipline
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and the winner is…?
Pennsylvania/Philadelphia model
Europeans applauded and replicated
cf, Dickens: ‘very few men are capable of estimating
the immense amount of torture & agony which this
dreadful punishment, prolonged for years, inflicts
upon the sufferers.’
New York/Auburn model
won out in US; more cost-effective labor; state
negotiated contracts with manf’s
but neither curbed crime nor reformed offr’s
various reforms tinkered w/ look, purpose
but icon of high-walled fortress remained:
Attica, Quentin, Folsom, Sing Sing
Clear & Cole, American Corrections, 6th
Southern penology
Devastation
of war and economic hardship
produced 2 results:
Lease system
Private business negotiated with state for labor &
care of inmates--Kentucky (1825)
Penal
farms
State-run plantations which grew crops
To feed inmates
To sell on free market
Clear & Cole, American Corrections, 6th
Western developments
penology
in west not greatly influenced by
the ideologies of the east
prior to statehood, prisoners held in
territorial facilities or in federal military
posts and prisons
1852: San Quentin = California’s 1st prison
1877: Salem, Oregon prison = Auburn model
western states discontinued use of lease
system as states entered into the union
e.g. Oregon, California, Montana, Wyoming
Clear & Cole, American Corrections, 6th
San Quentin Prison
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the Reformatory Movement
(1870s - 1890s)
product
of disillusionment with
oppressive penitentiary system
focus remained inmate change!
key features:
indeterminate sentences > fixed
offender classification should be
based
on character & institutional behavior
use early release as incentive to reform
Clear & Cole, American Corrections, 6th
Hallmarks of the
reformatory movement
National
Prison Association
precursor: American Correctional Asso.
strong religious influence (still)
Cincinnati
meeting,1870
Declaration
of Principles
“reformation is a work of time: and a
benevolent regard to the good of the criminal
himself, as well as to the protection of society,
requires that his sentence be long enough for
the reformatory process to take effect.”
eg:
Machonochie, Crofton, Brockway
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“mark system”
definition
a system for calculating when an offender will be
released from custody, based on both the crime &
his behavior in prison.
devised by Alexander Maconochie (England);
@ Norfolk Island penal settlement (off Australia, 1840)
at sentencing: offender is ‘given’ a number of
“marks,” based on offense severity
(≈ a “debt” to society; to be “paid” off)
for release, offender must earn marks via:
voluntary labor
participation in educational, religious programs
good behavior
adopted in Ireland, never England
Clear & Cole, American Corrections, 6th
the Irish system
developed by Sir Walter Crofton
derived from Maconochie’s mark system
four-stage program of graduated release,
based on offender performance
all sentences served in four stages;
move “up” w/ accumulation of marks:
1. solitary confinement -- all start here
2. public works prison -- begin earning marks
3. intermediate stage -- (like half-way house)
after earning enough marks
4. ticket of leave -- conditional release
= precursor of modern parole
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“reformatory”
Zebulon Brockway
definition
institution for young offenders -- 1st-time felons
(16 - 30), based on reformatory principles:
diagnosis, individualized treatment, reform
operation:
intake interview: determine causes of crime
individualized work & education program
mark system of classification (work, school, behavior).
move up OR down, with accumulation of marks:
• begin @ grade 2
• can earn 9 marks/mo. for 6 months:
• grade 1; or
• grade 3;
• then, 3 mo. good behavior: grade 2 again.
administrators determine release date
Elmira Reformatory (Zebulon Brockway; 1876-1900)
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Reformatory movement ends
failed to reform (like penitentiary)
brutality
corruption
not administered as planned
but, important features survived:
inmate classification
rehabilitation programs
indeterminate sentences
parole
Clear & Cole, American Corrections, 6th
the Progressive Era
(1890s - 1930s)
age
of reform: set tone for American
social thought & political action until 1960s!
condemned ills of new urban society--big
business, big industry, urban blight
faith in science to find answers to
crime, criminal behavior, treatment
new faith in government action to
eliminate social problems--slums, crime
trends of period:
industrialization
urbanization
technological change
scientific advancement
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the “Progressives”
socially
conscious, politically active, mostly
upper-class reformers of early 1900s
attacked excesses of emergent 20th
century--big business, industry, urban
society
believed science (positivism) + state
intervention could/should solve social &
political problems
advocated “treatment according to the
needs of the offender,” not “punishment
according to severity of the crime”
subscribed to “positivism”
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“positivist school”
definition
an approach to criminology
positing that behavior is a
product of biological,
economic, psychological, &
social factors, and that the
scientific method can be
applied to discover the
causes of individual behavior
subscribed
to by Progressives
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principles of Positivist School
behavior
(including crime) is
NOT the product of free will.
behavior
stems from factors
beyond control of the individual
criminals
can be treated so
they can lead crime-free lives.
treatment must focus on the
individual & his/her
problem(s).
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“progressive” reforms
2 strategies for CJ reform:
improve general social, economic conditions
that seem to breed crime
rehabilitate individual offenders
4
planks in “progressive” platform:
probation (John Augustus, 1841)
indeterminate sentencing (by 1920’s: 37 states)
parole (by 1920’s: 44 states; 80% of releases)
juvenile courts (1899: Cook County)
By 1970’s, most of these enlightened & wellmeaning reforms seen as having failed to live up
to their promise
Clear & Cole, American Corrections, 6th
The Medical Model
(1930s - 1960s)
a
model of corrections positing that
criminal behavior is caused by social,
psychological, biological deficiencies that
require medical treatment
first serious efforts to implement truly medical
strategies aimed at scientifically classifying,
treating, rehabilitating criminal offenders
e.g. “medical” programs & institutions
eg, psychology (Karl Menninger)
eg, Maryland Patuxent Institution, 1955
eg, sexual psychopath, sociopath laws!
eg, crime as sickness!
Clear & Cole, American Corrections, 6th
The Community Model
(1960s - 1970s)
model
of corrections positing goal of CJS:
to reintegrate offender into community
key features:
prisons should be avoided;
prison = artificial environment;
prison frustrates crime-free lifestyle
need to focus on offender’s adjustment into
society; not just on psychological treatment
probation
intermediate sanctions;
(alternatives to incarceration)
parole
Clear & Cole, American Corrections, 6th
The Crime Control Model
(1970s - 2000)
less
ambitious, less optimistic, less
forgiving view of man &
ability of CJS to change him
crime better controlled by more
incarceration & strict supervision
precipitating factors:
public concern over rising crime in ‘60s
disillusionment with treatment
public clamor for longer sentences
distrust of broad discretion given to
correctional & parole authorities
Clear & Cole, American Corrections, 6th