Lecture 3 - Lecture 3 (Week 1 Friday) January 11, 2008 The...

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Lecture 3 (Week 1 Friday) January 11, 2008 The Birth of the Prison: Development of the Prison in the U.S. Punishment in the United States: The Colonial Period - Borrowed many of the punishment philosophies of England o Banishment, corporal, and capital punishment were common penalties o Pennsylvania 1682- William Penn arrives and adopts “The Great Law” (Quaker code) Humane treatment based on hard labor in a house of corrections Death reserved for premeditated murder - 1718- “The Anglican Code o Listed 13 capital offenses o Whipping, branding, mutilation, and other corporal punishments as well as fines o But not much “confinement’ per se o In New York, slightly more than 20% of all penalties were capital ones - Little thought to reform or incarceration as punishment - Why? o Calvinist Doctrine of Predestination: Criminals are “naturally depraved” and so reform is not possible The Arrival of the Penitentiary - At the same time, new ideas from the Enlightenment gain currency o Beccaria, Bentham, Howard o Declaration of Independence o As opposed to Calvinism, optimistic view of human nature and ability for man to reform o Thomas Jefferson and others liberalize the penal code o Ideas of “rational man” and “reason” enter common discourse - Believed humans could be reformed through hard labor o “Replace the habit of idleness with the habit of industry .” o Isolate offenders from ‘bad influences of society’ and ingrain them with hard labor. The Penitentiary: Three Systems
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This note was uploaded on 04/07/2008 for the course CRM LAW SC 100 taught by Professor Wakefield during the Winter '08 term at UC Irvine.

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Lecture 3 - Lecture 3 (Week 1 Friday) January 11, 2008 The...

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