Chapter 1

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15 Terms

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Lex Talionis

"Eye for an eye" justice; punishment should match the crime exactly. Found in ancient legal codes like Hammurabi’s.

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Friedensgeld

Restitution paid to both the victim and the crown in early Germanic law; a precursor to modern fines .This concept aimed to resolve conflicts and maintain peace within the community by compensating those harmed.

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Civil Death

Loss of legal rights after conviction; treated as if legally dead—property confiscated, spouse could remarry.

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Corporal Punishment

Physical punishment short of death, such as flogging, branding, or mutilation.Used historically to enforce discipline and deter crime.

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Public Humiliation

Punishment designed to shame offenders publicly—stocks, pillory, ducking stool, brank. Punishments aimed at publicly shaming and degrading offenders, often involving devices like stocks, pillories, or ducking stools.

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Workhouses (Bridewell)

Institutions where the poor and criminals were forced to labor; often overcrowded and abusive. These facilities served as a means of punishment and social control, aimed at reforming inmates through labor.

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Gaols (Jails)

Early jails used for pretrial detention or minor offenses; poorly managed, unsanitary, and often corrupt. These facilities held individuals awaiting trial or serving short sentences, frequently lacking basic rights and facing harsh conditions.

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Walnut Street Jail

First American penitentiary focused on reform through isolation and labor. It was established in Philadelphia, emphasizing solitary confinement to encourage rehabilitation rather than punishment.

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Cesare Beccaria

Enlightenment thinker who founded the Classical School; advocated for fair, proportionate punishment and legal rights. Was an influential Enlightenment philosopher known for his work in criminal justice reform. He argued against torture and the death penalty, emphasizing that punishment should be proportionate to the crime and focused on preventing future offenses.

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Jeremy Bentham

Philosopher who promoted utilitarianism; punishment should deter crime and serve the greatest good. He was an English philosopher and social reformer, known for developing the concept of utilitarianism. Bentham believed that the purpose of punishment should be to deter crime, maximize happiness, and benefit society as a whole.

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William Penn

Quaker reformer who introduced the “Great Law” in Pennsylvania, emphasizing hard labor over capital punishment. A reformer and the founder of Pennsylvania, known for his progressive ideas on justice, including the introduction of the "Great Law," which emphasized rehabilitation through hard labor rather than capital punishment and sought to create a more humane legal system.

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Banishment

Exiling someone from the community or country as punishment; one of the earliest forms of social control.

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Hulks

Abandoned ships used as floating prisons; overcrowded and unsanitary, used in England and America for decades.

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Role of Corrections

to punish, rehabilitate, ensure public safety, and prepare individuals for reentry into society.

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Retaliation

Early form of justice where victims or their families sought revenge; foundational to tribal and early legal systems.