Explain the philosophy, goals, and the evolution of prison reform in America. Compare and contrast with the philosophies, goals, and prison reforms in Europe. Be sure to explain the “patterning” of the American correctional system from England. Include the following programs in your paper: probation and parole Programs; and women and juveniles within the correctional system.
According to the Encyclopedia of Crime and Punishment, The history of American criminal justice begins with the transplantation of European institutions to the New World. Initially, the history of American criminal justice is the story of thirteen colonies prior to the American Revolution and independence in 1776. The criminal codes, law enforcement systems, courts, and punishments resembled those of England, Holland, Spain, and France, depending on the colony and the time period. However, English criminal justice antecedents clearly predominated in the early colonies. (Levinson, 2007)
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The penitentiary was the next step in the evolution of the prison.
Confinement of wrongdoers was necessary until physical punishment could be delivered. Penitentiary was the first attempt to use confinement as the punishment itself. In England, one of the first models for the modern prison was intended to provide a place of penance for prostitutes. This profound experiment was based on principles of separation from the moral illness of their former lives, religious reflection, and rigid structure. Up until the late 1800s, women, men, and children were confined together in these endeavors to corrections, often with no plan for food, clothing, or bedding. Those without families or other means of support were forced to live in inhumane conditions. A woman’s last resort while being confined was to prostitute herself to other inmates or officers on duty. Overpopulation, lack of funding, corrupt and untrained officers with little commitment to the ideal of reforming the underclass contributed to this
failure. The concept of Probation in Criminal Law was inspired by John Augustus in the mid-19th century. He was a Boston resident and came across an individual whom he believed can be reformed. He posted bail for the offender; eventually Massachusetts released almost 2000 prisoners in his custody and that is where they introduced their first probation officer in 1877. Probation is the period during which a person, “the probationer,” is subject to critical examination and evaluation. Probation must be completed as specified on terms and conditions to be able to experience a sense of immunity. In the criminal justice system probation is a appropriate type of sentence for criminal offenders. The judicial authority to order a sentence of probation is granted in statutes on the federal and state levels. Usually, probation allows a convicted defendant to go free with a suspended sentence for a specified period while demonstrating good behavior. Probationers are placed under the supervision of a probation officer and must meet certain conditions. If the probationer violates a condition of probation, the court may place additional restrictions on the probationer or order the probationer to serve a term of imprisonment. (Probation,
In colonial America, the court structure was quite different from that of their mother country, Great Britain. The system was a triangle of overlapping courts and common law. Common law was largely influenced by the moral code from the King James Version of the Bible, also known as moral law. In effect, these early American societies were theocratic and autocratic containing religious leaders, as well as magistrates. Sometimes these men were even one and the same. The criminal acts in colonial America were actually very similar to the crime prevalent in our society today. However, certain infractions were taken more seriously. Through the documents provided, we get a look at different crimes and their subsequent punishments in colonial
Throughout his novel, Texas Tough: The Rise of America’s Prison Empire, author and professor Robert Perkinson outlines the three current dominant purposes of prison. The first, punishment, is the act of disciplining offenders in an effort to prevent them from recommitting a particular crime. Harsh punishment encourages prisoners to behave because many will not want to face the consequences of further incarceration. While the purpose of punishment is often denounced, many do agree that prison should continue to be used as a means of protecting law-abiding citizens from violent offenders. The isolation of inmates, prison’s second purpose, exists to protect the public. Rehabilitation is currently the third purpose of prison. Rehabilitation is considered successful when a prisoner does n...
The “pains of imprisonment” can be divided into five main conditions that attack the inmate’s personality and his feeling of self-worth. The deprivations are as follows: The deprivation of liberty, of goods and services, of heterosexual relationships, autonomy and of security.
The criminal justice system has been evolving since the first colonists came to America. At first, the colonists used a criminal justice system that mirrored those in England, France, and Holland. Slowly the French and Dutch influences faded away leaving what was considered the English common law system. The common law system was nothing more than a set of rules used to solve problems within the communities. This system was not based on laws or codes, but simply that of previous decisions handed down by judges. Although rudimentary, this common law system did make the distinction between misdemeanors and the more serious crimes known as felonies.
When I think of prisons, the first thing that comes into my mind is of course locking someone up against their will or as a punishment, because someone else has decided that this is for the best or simply wants to get someone out of the way. Bertha Mason in Jane Eyre is locked up in the attic and the woman in The Yellow Wall-paper is confined to a summer home by her husband. For both these women, the locking up serves as yet another prison: they are both already prisoners in their own bodies by their mental states. In The Yellow Wall-paper, the main character is placed in a summer home to recover from a nervous condition. Her husband John, a doctor, believes that in order to get well, she has to take a rest cure and refrain from all kinds of physical or mental exertion, and he therefore more or less locks her up in one of the larger rooms of the house where she has nothing to do but stare at the wallpaper and keep a diary. She believes to see a woman trapped behind the wallpaper and strips it off in order to set her free - this I see as how she sees herself in her confinement. Her psychological state as well as the confinement to the room, along with the gender roles and expectations of that time, all work together to make her a prisoner kept making her own decisions. The husband is the provider, the one who knows best and the one who makes the decisions and she has no way of voicing her own. She finally "escapes" her controlling husband and the room by finally descending into insanity. "'I've got out at last', said I, 'in spite of you and Jane! And I've pulled off most of the paper, so you can't put me back!'" (Gilman, p1669).
Prison Reform in The United States of America “It is said that no one truly knows a nation until one has been inside its jails. A nation should not be judged by how it treats its highest citizens, but its lowest ones” (Nelson Mandela, 1994). The United States of America has more people behind bars than any other country on the planet. The prisons are at over double capacity. It cost a lot of money to house prisoners each year.
Over the past several decades, the number of prison inmates has grown exponentially. In 1980, prison population had numbers around half a million inmates. A graph of statistics gathered from the U.S. Bureau of Justice shows that between 1980 and 2010, the prison population grew almost five times, topping out at nearly 2.5 million. According to an article in The New York Times, the average time spent in jail by prisoners released in 2009 increased by 36% compared to prisoners released in 1990. Many people, such as those at Human Rights Watch, believe that the increase of these numbers has been because of tough-on-crime laws, causing prisons to be filled with non-violent offenders. This rise in crime rates, prison population, and recidivism, has led politicians as well as ordinary citizens to call for prison reform.
Throughout the history of the United States and including the western world. Corrections have served the country by convicting and sentencing offenders depending on the seriousness of the crime. Along with that today, offenders are either placed in probation, incarcerated or taken to community-based corrections. Even though, corrections have always tried to find ways to deter crime by correcting criminals, the poor economy in our country has been the cause for struggles in the correctional system. Some of the causes of economic issues are the cut of budget, over crowing, lack of programs for people with mental illnesses, and lack of innovation.
In the early years going to prison for a crime was not common. When people committed crimes, they were punished by corporal punishment, forced labor, social ostracism, and many far worse punishments. People began using imprisonment as a form of punishment after the American Revolution. In England these practice of imprisonment been taking place since the 1500s in the form of dungeons and other detention facilities. Prisons were one of the first buildings introduced in the New World. In early America prisons were not looked at like prisons are today, most crimes where punished on the spot and the person released. Most of the people that had long term sentences were people that owed debt. Other type of punishments that was used was fines, public shame, physical chastisement, and death. Misdemeanors were punishable by fines, just like some are today. The United States prison building efforts went through three waves. First the Jacksonian Era, which led to the increase use of imprisonment and rehabilitive labor as punishment for their crimes in almost all states by the time of the American Civil War. Second was the Progressive Era, which was after the civil war. The Progressive Era brought in the usage of parole, probation, and indeterminate sentencing. Third was in the early 1970s, by this time the number in prisons had increased five times.
In the essay "Prison "Reform" in America," Roger T. Pray points out the much attention that has been devoted to research to help prevent crimes. Showing criminals the errors of their ways not by brutal punishment, but by locking them up in the attempt to reform them. Robert Pray, who is a prison psychologist, is currently a researcher with the Utah Dept. of Corrections. He has seen what has become of our prison system and easily shows us that there is really no such thing as "Prison Reform"
Write a 2-page paper explaining the concept of prisonization and describe its impact on inmates both while serving a prison sentence and as they return to the community. Should the system attempt to correct this issue or is it a necessary byproduct of the prison system?
Every civilization in history has had rules, and citizens who break them. To this day governments struggle to figure out the best way to deal with their criminals in ways that help both society and those that commit the crimes. Imprisonment has historically been the popular solution. However, there are many instances in which people are sent to prison that would be better served for community service, rehab, or some other form of punishment. Prison affects more than just the prisoner; the families, friends, employers, and communities of the incarcerated also pay a price. Prison as a punishment has its pros and cons; although it may be necessary for some, it can be harmful for those who would be better suited for alternative means of punishment.
The prison abolition movement is a movement that seeks to reduce or eliminate prisons and the prison system, and replace them with more humane and effective systems. It is distinct from prison reform, which is the attempt to improve conditions inside prisons; however, relying on prisons less could improve their conditions by reducing overcrowding.Some organizations such as the Anarchist Black Cross seek total abolishment of the prison system, not intending to replace it with other government-controlled systems. Many anarchist organizations believe that the best form of justice arises naturally out of social contracts. Other supporters for prison abolition work toward non-reformist reforms, such as ending solitary confinement and the death penalty,
In recent years, prison privatization has emerged as a prime example of the contentious division, or lack thereof, between public duty and private enterprise. Despite this, the practice has seen implementation all around the world, from the United Kingdom and Australia to most obviously in the United States, and even in Canada (Feeley, 2002). Levels of success vary, especially in the case of Canada, where efforts to privatize ended as quickly as they began with a return to government control (Gran & Henry, 2007). It is argued that the issue is foremost one of principle, with governments having to consider giving a public duty over to the private domain (Genders, 2002). Yet beyond this abstraction, there is a world of practicalities
The first concept which will be critically analysed will be the history of prisons and theories to why prison is a better punishment then probation service and how probation is soft compared to prisons. Prisons are seen as an institution where offenders are placed before and after being tried by court of a criminal offence which they have committed against either a member or the public or society itself for example terror attacks on buildings.