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AMERICAN CORRECTIONS

Twelfth Edition

Chapter 3

The History of Corrections in America

Learning Objectives (1 of 2)

Describe “The Great Law” of Pennsylvania and note its importance.

Compare and contrast the basic assumptions of the penitentiary systems of Pennsylvania and New York.

Discuss the elements of the Cincinnati Declaration.

Identify the reforms advocated by the Progressives.

Learning Objectives (2 of 2)

Discuss the assumptions of the medical model, regarding the nature of criminal behavior and its correction.

Illustrate how the community model reflected the social and political values of the 1960s and 1970s.

Describe the forces and events that led to the present crime control model

The Colonial Period

William Penn

Adopted the Great Law of Pennsylvania

Based on humane Quaker principles and emphasized hard labor in a house of correction as punishment for most crimes

Death reserved for premeditated murder

The law was used until 1718 when it was replaced by the Anglican Code

The Anglican Code featuring 13 laws, 12 of which were punishable by death (larceny was the exception)

Corporal punishment was used for a variety of offenses

Learning Objective 1: Describe “The Great Law” of Pennsylvania and note its importance.

The Arrival of the Penitentiary (1 of 5)

Penitentiary was an institution intended to isolate individuals convicted of a crime from society and from one another so that they could reflect on their past misdeeds, repent, and thus undergo reformation.

First appeared in 1790

Philadelphia’s Walnut Street Jail

By 1830, foreign observers were looking at the American System as a model

Tocqueville

William Crawford

Learning Objective 2: Compare and contrast the basic assumptions of the penitentiary system of Pennsylvania and New York.

The Arrival of the Penitentiary (2 of 5)

The Pennsylvania System Principles

Prisoners would not be treated vengefully but should be convinced that through hard and selective forms of suffering they could change their lives.

Solitary confinement would prevent further corruption inside prison.

In isolation, incarcerated individuals would reflect on their transgressions and repent.

The Arrival of the Penitentiary (3 of 5)

The Pennsylvania System Principles

Solitary confinement would be punishment because humans are by nature social beings.

Solitary confinement would be economical because incarcerated individuals would not need long periods of time to repent, and therefore fewer keepers would be needed and the costs of clothing would be lower.

Discussion Question

What is your opinion of the role and usefulness of solitary confinement in prison?

The Arrival of the Penitentiary (4 of 5)

The New York (Auburn) System

Congregate System

Incarcerated individuals held in isolation at night but congregated on workshops during the day under a rule of silence. Incarcerated individuals were forbidden from talking or even looking at each other while working.

Contract Labor System

Labor of incarcerated individuals sold on a contractual basis to private employers who provided the machinery and raw materials with which incarcerated individuals made salable products in the institution. States negotiated contracts with manufacturers and incarcerated individuals created raw goods.

The Arrival of the Penitentiary (5 of 5)

Debating the Systems

Questions about disciplining citizens in democracy and maintaining conformity to social norms

Proponents of New York System believed incarcerated individuals had to first “be broken”

Proponents of Auburn System rejected harsh punishment

Most European visitors favored the Auburn system regarding the design and management of penitentiaries

Table 3.1 Comparison of Pennsylvania and New York (Auburn) Prison Systems

	Goal	Implementation	Method	Activity
Pennsylvania (Separate System)	Redemption through the well ordered routine of the prison	Isolation, penance, contemplation, labor, silence	Individuals are kept in their cells for eating, sleeping, and working.	Bible reading, working on crafts in cell
New York (Auburn) (Congregate System)	Redemption through the well ordered routine of the prison	Strict discipline, obedience, labor, silence	Individuals sleep in their cells but come together to eat and work	Working together in shops making goods to be sold by the state

Discussion Question (1 of 2)

Which of the two systems—the Pennsylvania or New York system—do you believe to be the better model for prisons? Why?

The Development of Prisons in the South and West

Lease System

Incarcerated individuals were leased to contractors who provided incarcerated individuals with food and clothing in exchange for their labor. In southern states, the incarcerated individuals were used as field laborers.

Leasing program used extensively in California, Montana, Oregon, and Wyoming until passage of the Anti-Contract Law of 1887.

Upon becoming a state in 1850, California reformatted its system, which led to San Quentin and other prison reforms.

The Reformatory Movement (1 of 5)

By mid-1800s, reformers became disillusioned with the penitentiary due to overcrowding, understaffing, and minimal financing.

Nationwide survey of prisons exposed inadequacies.

Alexander Maconochie urged adoption of the mark system where penalties would be graded according to crime and release would be based on good behavior.

The Reformatory Movement (2 of 5)

Cincinnati, 1870

Prison operations should stem from a philosophy of incarcerated individual change, with reformation rewarded by release.

Indeterminate length sentences replaced by fixed sentences.

Reformation, rather than lapse of time, necessary for incarcerated individual’s release.

Individuals such as Gaylord Hubbell and Enoch Wines were motivated by human concerns and paved the way for reform

Learning Objective 3: Discuss the elements of the Cincinnati Declaration.

The Reformatory Movement (3 of 5)

Cincinnati, 1870

Classification of incarcerated individuals on the basis of character and improvement.

Penitentiary practices of fixed sentences, the lockstep, rules of silence, and isolation seen as debasing and humiliating.

The Cincinnati declaration insisted that “reformation is a work of time,” and that for the protection of society reformations need to be long enough for the reformatory process to take effect.

The Reformatory Movement (4 of 5)

Elmira Reformatory

Zebulon Brockway was superintendent of first reformatory at Elmira, New York

Believed that diagnosis and treatment were the keys to reform and rehabilitation

Wanted to identify the “root causes” of the accused individual’s deviance

Designed for first-time felon accused individuals between ages of 16 and 30

The Reformatory Movement (5 of 5)

Lasting Reforms

Indeterminate sentencing

Inmate classification

Rehabilitative programs

Parole

The Rise of the Progressives (1 of 4)

Progressives

Early 1900s–1960

Attacked the excesses of big business and placed their faith in state action to deal with the social problems of slums, adulterated food, dangerous occupational conditions, vice, and crime

Mostly came from upper-class backgrounds

Learning Objective 4: Identify the reforms advocated by the Progressives.

The Rise of the Progressives (2 of 4)

Individualized Treatment and the Positivist School

Two words that describe this positivist school of thought: conscience and convenience

A benevolent set of men and women sought to understand crime, case by case

Need to know life history of each accused individual and then devise a treatment program specific to that individual

The Rise of the Progressives (3 of 4)

Positivist School Assumptions

Criminal behavior is not the result of free will but stems from factors over which the individual has no control:

Biological characteristics

Psychological maladjustments

Sociological conditions

Accused individuals can be treated so that they can lead crime-free lives.

Treatment must center on the individual and the individual’s adjustment.

The Rise of the Progressives (4 of 4)

Progressive Reforms

Probation

Recognized individual differences and allowed accused individuals to be treated in the community under supervision.

Indeterminate Sentences

Minimum and maximum terms, within which the correctional process of rehabilitation could operate.

Parole

Caught on in the United States in 1920; during that time period, 80% of accused individuals who left prison were placed on parole.

The Rise of the Medical Model (1 of 2)

Medical Model

Assumption that criminal behavior is caused by social, psychological, or biological deficiencies that require treatment.

1929

Congress authorized the Federal Bureau of Prisons to develop institutions to ensure proper classification, care, and treatment of incarcerated individuals.

Stanford Bates was the first director of the Bureau and pushed forth the medical model.

Learning Objective 5: Discuss the assumptions of the medical model regarding the nature of criminal behavior and its correction.

Discussion Question (2 of 2)

Do you agree with the underlying assumption of the medical model of corrections that criminal behavior is caused by social, psychological, or biological deficiencies?

The Rise of the Medical Model (2 of 2)

1950s came to be known as the Era of Treatment. California, New Jersey, New York, and Illinois began to heavily implement reforms.

Prisons were to become something like mental hospitals that would rehabilitate and test the incarcerated individual for readiness to reenter society.

Departments of Prisons became Departments of Corrections and added diagnoses and mental health care to their objectives.

From Medical Model to Community Model (1 of 2)

Social and political values of 1960s and 1970s:

Civil rights movement

War on poverty

Resistance to the Vietnam War

Americans challenged government institutions dealing with:

Education

Mental health

Juvenile delinquency

Adult corrections

Learning Objective 6: Illustrate how the community model reflected the social and political values of the 1960s and 1970s.

From Medical Model to Community Model (2 of 2)

Community corrections

Reintegrating the accused individual into the community should be the goal of the criminal justice system.

Corrections should turn away from psychological care and turn to programs that would increase accused individuals’ success upon leaving the institution.

Attica prison riot

Officials urged to make decarceration through community corrections the goal and make greater use of alternatives such as:

Probation

Halfway houses

Community service

The Crime Control Model: The Pendulum Swings Again (1 of 2)

The Decline of Rehabilitation

Proponents called for longer sentences, especially for those individuals repeatedly accused and those accused of violence offenses

Robert Martinson’s “Nothing Works” report

Also challenged unwarranted amount of discretion given to correctional decision makers, particularly that of the parole board

Learning Objective 7: Describe the forces and events that led to the present crime control

The Crime Control Model: The Pendulum Swings Again (2 of 2)

The Emergence of Crime Control

Political climate change in 1970s and 1980s

Crime rate at historic levels

Response by legislators, judges, criminal justice officials

By 1980, crime and punishment became intense subject for ideological conflict, partisan politics, and legislative action

A more punitive ethos during that time (1980s and 1990s) also influenced its return

Where Are We Today?

It would be a good time for us as a society to reexamine correctional policy.

For the first time in decades, the costs of the retributive crime control policy of the 1990s are being scrutinized.

Are we safer today than before?