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Criminal Justice 110 with Maxwell at Michigan State University
About this note
By: Sammie Kray
Textbook:
The American System of Criminal Justice
Created: 2010-02-11
File Size: 3 page(s)
Views: 9
Textbook:
The American System of Criminal JusticeCreated: 2010-02-11
File Size: 3 page(s)
Views: 9
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I. Development of Corrections A. Punishments: synonymous with prisons/jails 1. Except: death penalty, community corrections B. Earlier Times 1. prison: generally to hold people awaiting trial or hold them before execution. 2. Earlier forms of punishments: fines, forced labor, flogging, torture, public execution. II. Earlier Forms of Punishment Agrarian Societies: tightly-knit; roles are well defined; elders advise on problems; agrarian units have parallel interestsproperties, keeping it intact and free from theft pillage, looting. No penal machinery. No definite method of ascertaining guilt: by observation. II. Determination of Guilt/Innocence Informal, reprisal by the wronged party Gradually developed into 3 modes: (1) trial by battle, (2) ordeal, (3) compurgation. Punishments: fines to compensate for the loss, but sometimes death. Justification for Punishment: revenge/retaliation Increased power of central authorities: larger domain; harder to control (kings, increased powers of the state). Severe penalties (publicc torture). Justification: deterrence Reforms (England) Fueled by Age of Enlightment: growth of knowledge on physical & social sciences. Try to understand human beings and social problems in a more systematic fasion. Not just take metaphysical assumptions BUT observations. Changed criminal law: make it more fitting to the needs of society. Reforms solidified with the writings of: Cesare Beccaria (1738-1794) Jeremy Bentham (1748-1832) John Howard (1750-1850) Documented conditions of prisons all over Europe: abusive & inhumane. III. American Prison System/Development & Reform American Reforms: used English methods of punishment-colony. Branding, torture, death Changed when Pennsylvania obtained independence. New constitution (September 28, 1776). Speedy reform of criminal code: Not ?ours? Influence of European thinkers: C. Beccaria and Jeremy Howard. Influence of the Quakers (modern-day Amish). Religious and peaceful people who settled in Philadelphia and Eastern Pennsylvania. Abhorred cruel punishment. Use of imprisonment over capital punishment. ?God?s grace? is available to all; ?With reflection, contemplation, and penance?criminals can change.? American Prison System Walnut Street Jail (1794) Converted into a state prison. Experiment of ?separate confinement? hardened felons were segregated from the rest of the prisoners. Rest of the population worked together during the day, separated at night. Proved to be a failure. Overcrowding: not enough cells constructed for separate confinement. Creation of PENNSYLVANIA STATE PENITENTIARIES (1829)=1st in U.S. complete, separate confinement: once entered prison, see no other human being besides priests & administrators. Rationale= reflection, contemplation, and penance. Cheaper, need only few guards. Hard labor and mediation (individual crafts). Creation of AUBURN STATE PENITENTIARY in New York (1831) Look at example from Walnut Street Jail Experimented: separate confinement for someone (failed->increase in psychological depression, suicide, self-mutilation). Created congregate system, isolation only at night, worked with other prisoners during the day but in complete silence. Prisoners worked for industries (from raw materials to finished products). Hard labor and meditation. ?Cost-effective? STRUGGLE/DEBATE between the Auburn System and Pennsylvania a. Both are severe (acknowledged by writers). Both are guilty of administrative failures, atrocities, severe forms of punishment in prison. AUBURN system gradually won because of its economic advantage. Pennsylvania forced to adapt the Auburn System because of suicides, depression of prisoners. New Reforms/New Penology ELMIRA REFORMATORY SYSTEM: first signs of ?parole system (good time) instead of flat-sentence. Reforms were gradually introduced because of the writings of: Alexander Maconochie: advocated an improved system, inmates are given rewards for good behavior; Deducted from their assigned time in prison; First signs of indeterminate sentences; Determined by good behavior of ?reformed individuals?; Prisoners have an input on their own future; Abused by prison staff (preyed on prisoner?s fears). Zebulon Brockway: advocated education in prison: education (reformation); school-like atmosphere; courses in academic, vocational, moral subjects; indeterminate sentence linked to education; required to accomplish specific grades, complete requirements, and good class behavior-if not, sentence can be extended. I. Observers: abuses and corporal punishments; solitary confinement. II. Abuse by staff. iii. Difficulties: with illiterate individuals, inmates with special needs. Influence of positivists: address the causes of crime/environments that breed crime: neighborhood conditions, health, education. (worse off=serve less time). Recommendations: REHABILITATION: Medical Model (1920?s) Punishment is not enough; will not reform. Criminals are sick, improper socialization. Need to be rehabilitated: education, vocational training, medical care, etc. Increase of Community Corrections: treatment in the community under supervision Expansion of indeterminate sentencing & parole: give discretion to corrections officials to determine if offender is ?rehabilitated?.
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About this note
By: Sammie Kray
Textbook:
The American System of Criminal Justice
Created: 2010-02-11
File Size: 3 page(s)
Views: 9
Textbook:
The American System of Criminal JusticeCreated: 2010-02-11
File Size: 3 page(s)
Views: 9
About StudyBlue
STUDYBLUE makes things that make you better at school.
Things like online flashcards with photos and audio.
Things like personalized quizzes and friendly reminders about when (and what) to study next.
Think of it as a digital backpack™: access to all of your study materials online and on your phone.
STUDYBLUE exists to make studying efficient and effective for every student, for free. Join us.
“I have been getting MUCH better grades on all my tests for school. Flash cards, notes, and quizzes are great on here. Thanks!”
Kathy
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