Notes On Penal Code Reform in the Period of Transition
College of Behavioral, Social and Health Sciences
Building People and Communities
Nature of Society
- Post-revolution sentiment characterized by excitement and concern.
- Major changes in American culture during the early stages of its development:
- Population Explosion & Urbanization: Rapid increase in population leading to the growth of cities.
- Economic Boom: Significant growth in economic activity and wealth generation.
- Expansion of Geographical Mobility: Movement of people across regions, often in search of better opportunities.
- Emergence of capitalism, democracy, and egalitarianism.
- Shift from a communal, close-knit colonial lifestyle to a more individualistic lifestyle.
The Prevalent Ideology: The Enlightenment
- Humanitarian reform guided by natural scientific laws rather than divine providence:
- Core beliefs include:
- Equality: The belief in equal rights and opportunities for all individuals.
- Inherent Goodness of People: The notion that humans have an innate ability to improve themselves.
- Alterable Destiny: The belief that human destiny is modifiable through scientific achievement and human reasoning.
- Transition from old views to principles of:
- Utilitarianism: A doctrine focusing on the greatest happiness of the greatest number.
- Liberalism: Philosophical belief in individual rights and freedoms.
- Equality: Emphasis on equal treatment under the law.
- The notion that people possess free will and can effect change.
Crime as Reasoned Behavior
- Crime in this transitional period was seen as a consequence of outdated legal codes that contradicted modern theories of free will:
- Theories of Crime:
- Social Contract: The idea that individuals come together to form societies and establish governance.
- Natural Law & Justice: Philosophical principles that suggest moral standards exist universally.
- Utilitarianism: Focused particularly on reform in the Criminal Justice System (CJS).
- Crime is viewed as a manifestation of an individual’s choice, emphasizing personal responsibility.
Bentham & the Principle of Utility
- Jeremy Bentham proposed that mankind is governed by two fundamental masters:
- Pain and Pleasure: These are the primary motivators of human behavior.
- Humans are fundamentally hedonistic, seeking pleasure and avoiding pain.
- This inherent aspect of human nature is termed the “Principle of Utility” by Bentham.
- Bentham's Panopticon: A design for a circular prison where inmates can be observed without knowing when they are being watched.
- Example of application: Stateville Prison, Joliet, IL.
Punishment and Deterrence
- Notable Figure: Cesare Beccaria
- Contributions to criminology through his work, On Crimes and Punishments (1764):
- Proposed significant reforms in the penal codes and explored the concept of deterrence.
- Advocated against the death penalty, emphasizing the need for humane treatment of offenders.
- Deterrence Theory: Crime can be deterred through effective punishment.
Deterrence Theory
- Three Characteristics of Punishment:
- Celerity (or Swiftness): The speed at which the punishment is administered after the crime is committed.
- Certainty: The likelihood that a punishment will follow an offense, affecting whether the individual perceives it as a risk.
- Severity: The harshness of the punishment, which should be sufficient enough to deter individuals from committing crimes.
Resulting Penal Practices
- Following the shift in ideology and criminological thought, several significant changes occurred:
- Reformation of Penal Codes: Modernization of laws regarding punishment and crime.
- Creation of Police Forces: Establishment of organized police to maintain order and enforce laws.
- Decline in the Death Penalty: A reduction in the use of capital punishment as a penalty for crimes.
- Reduction in Corporal Punishment: Milder forms of punishment adopted, moving away from physical punishment.
- Elimination of Shaming and Banishment: Discarding these practices in favor of incarceration.
- The transition from public to private punishments, indicating a shift towards more humane treatment.
- Increase in Incarceration Rates: More individuals began to be imprisoned rather than subjected to public disgrace or corporal punishment.
Reality of Penal Practices
- The day-to-day realities within penal institutions during this reform period included:
- Makeshift facilities often lacking proper architecture and safety.
- Significant overcrowding, leading to inadequate living conditions for inmates.
- Unification of offenders across various demographics including ages, races, and sexes into the same areas.
- Existence of nasty conditions within prisons, indicating a lack of basic human rights and needs being met.
- A lack of evidence supporting the success of these penal reforms, raising questions about the effectiveness of the reformation efforts.
Old Newgate Prison, Connecticut
- Historical significance and conditions surrounding this penal institution are to be noted.
Walnut Street Jail – Philadelphia
- Described as one of the nation's first urban penal institutions:
- Historical Context: Housed felons, prisoners of war, Tories, and debtors from 1775 to 1838.
- Geographic Span: Extended from Walnut St. to Locust St.
- Notorious for numerous riots that occurred within its walls.
- Eventually replaced by Eastern State Penitentiary, indicating an evolution in penal institution design and philosophy.
Castillo de San Marcos
- Historical insights and implications of this structure need further exploration in conjunction with its role in penal history.