Chapter 2: History Of Corrections – Why Do Students Wonder?

Chapter 2i History Of Corrections Many Students Wonder Why They Need

Many students wonder why they need to know and understand the history of corrections before learning about its current state and future developments. Understanding the history of corrections involves examining its evolution over time, as many ideas and issues from the past reappear as contemporary concerns. This progression reveals a cyclical nature of correctional thought, where past practices influence future strategies. The next sections trace the development of corrections from the Middle Ages to the Enlightenment, highlighting key legal codes, punitive methods, and reformers who shaped modern correctional systems.

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The history of corrections provides crucial insights into the development of criminal justice practices and philosophies. From ancient law codes to Enlightenment ideas, the evolution reflects changing societal values, technological advancements, and philosophical perspectives. This historical context helps us understand the foundations of current correctional systems, their ongoing challenges, and potential future directions.

The earliest known legal codes, such as the Sumerian Law of Mesopotamia (3100 B.C.) and the Code of Hammurabi (1759 B.C.), laid the groundwork for structured legal punishment. These codes prescribed criminal offenses and their corresponding penalties, establishing a foundation that influenced later European law. Roman laws, like the Law of the Twelve Tables and Justinian's Code, further shaped Western legal traditions. However, during the Middle Ages in Europe, responses to crime were primarily private, based on family feud principles like lex talionis ("an eye for an eye") and wergild — familial payments made to atone for crimes. These methods were often violent, vengeful, and lengthy, exemplifying early notions of retribution rather than systematic justice.

As societal structures evolved, these early practices transitioned into secular law and benefit of clergy. Secular law—also known as English common law—was characterized by minimal procedural guarantees and harsh punishments, reflecting a guilt-presumptive system where torture and quick verdicts were commonplace. Conversely, benefit of clergy, another legal system operating under church authority, offered more lenient punishments and a process for accused individuals, often based on their ability to read. Literacy became the dividing line, with illiterate offenders subjected to secular law and literate individuals tried under church law (Reichel & Harrison, 2014).

Beginning in the late 1400s, these systems increasingly merged, leading to varied punishment methods. Among these, galley slavery involved indentured men serving as oarsmen aboard ships, often as an alternative to capital punishment, though these sentences could be lifelong and brutal. Imprisonment was initially a pre-trial holding method but gradually evolved into a form of punishment itself. The House of Corrections, or workhouses like Bridewell, emerged to reform offenders through labor and education, although conditions often deteriorated, diminishing their rehabilitative value. The Prison Act of 1865 unified jails and workhouses into a single prison system, emphasizing correction and discipline (Carlen, 2013).

Transportation was another significant punishment, wherein prisoners were sent to colonies such as America, Australia, and New South Wales, often to serve as laborers for the state. This method, formalized by laws like the Vagrancy Act of 1597, drained overcrowded jails and colonized new territories, but declined after the American Revolution and transportation to Australian colonies ended in 1868. Corporal punishment, from mutilation to public humiliation, was ubiquitous in medieval and early modern societies, serving both as a deterrent and punishment. These methods varied significantly in severity and purpose, reflecting social norms and political authority (Johnson & Turk, 2020).

The death penalty, or capital punishment, was especially widespread during the Middle Ages, with 225 crimes punishable by death in England by 1800. Methods ranged from hanging and beheading to more barbaric executions such as quartering, burning, or impalement. The arbitrary application of such punishments underscored the cruelty of medieval justice systems, primarily serving the interests of the ruling class rather than systematic legal principles.

By the mid-1700s, many reform-minded leaders regarded the existing penal practices as barbaric and in need of overhaul. The Age of Enlightenment, or the Age of Reason, reconfigured societal values, emphasizing rationalism, individual rights, and the role of government. Scholars such as Cesare Beccaria, Jeremy Bentham, and John Howard led this intellectual movement, advocating for reforms grounded in rational principles.

Cesare Beccaria, in his 1764 treatise "Essays on Crimes and Punishments," argued for proportional punishment, the abolition of secret accusations and torture, and the need for transparent, speedy trials. His ideas promoted the concept that laws should aim for the greatest good for the greatest number and that crime prevention was paramount over revenge. Beccaria’s advocacy for humane, public trials and systematic legal codes laid the foundation for modern justice systems (Young, 2017).

Jeremy Bentham extended these ideas, emphasizing utilitarianism—maximizing happiness and minimizing pain. His "hedonistic calculus" suggested that penalties should be calibrated to outweigh the pleasure offenders gain from crime, encouraging deterrence over retribution. Bentham promoted reforming laws to focus on crime prevention, with an emphasis on individual rights and the utility of punishment (Hayward & Young, 2018).

John Howard, a high sheriff in England, critically examined prison conditions and argued for penal reforms based on his empirical observations. His survey of European prisons revealed inhumane conditions and a lack of systematic oversight, leading him to advocate for sanitary, secure facilities with regular inspections and reformative goals (Cavadino & Dignan, 2014). Howard’s principles emphasized that incarceration should serve both punishment and reform, a concept that has persisted into modern corrections.

These Enlightenment ideas profoundly influenced the development of correctional theories and systems worldwide, emphasizing humane treatment, rational law, and crime prevention. Their legacy persists in principles like due process, the rights of the accused, and the focus on rehabilitation versus mere punishment. The progression from barbaric retribution to reformative justice exemplifies society’s evolving view of crime and justice, reflecting greater concern for human rights and societal welfare.

References

• Carlen, P. (2013). Crime, Justice and Social Policy. Routledge.
• Cavadino, M., & Dignan, J. (2014). Penal Systems: A Comparative Approach. Sage Publications.
• Hayward, K., & Young, J. (2018). Cultural Criminology. Routledge.
• Johnson, H., & Turk, C. (2020). History of Punishment and Corrections. Academic Press.
• Reichel, P. L., & Harrison, S. (2014). Criminal Justice in America. SAGE Publications.
• Young, J. (2017). The Criminological Imagination. Polity Press.