The Correctional System 1
The History of the Correctional System
Priscilla Oakman
Abstract
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The thought of punishment as a form of crime prevention is a concept developed from the
Classical School of Criminology. Under this thought an individual has a choice when determining
their involvement in criminal activity. Theories can help us to understand criminal behavior by
providing complete understanding and is supported by observations. Criminality can be
obtained and criminal behavior can result when a person has a weak interest and is influenced
by social interaction. Shifts in power among the three branches of government have caused the
variations into the punishment of criminals. (Williams III &McShane, 2010)
The Correctional System
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Mala in se, mala prohibita, folkways, and mores are the central concepts that lead to the
development of the Classical School of Criminology. The Magna Carta, common law, Code of
Hammurabi, and the early Roman law are four sources of human law incorporated in the
Classical School of Criminology. The Classical School of Criminology appeared during the
Enlightenment period. The Classical School was based on the belief that crime is the result of
free will and an effective punishment can reduce crime. Logically if effective forms of
punishment are enforced it can outweigh the rewards of criminal activity.
Cesare Beccaria and Jeremy Bentham are two very important figures of the Classical School
of Criminology. Cesare Beccaria published an essay entitled “Crimes and Punishment” in which
he destined the torture of suspects. Becaria is most acknowledged by colleagues for his non-
judgmental attitude. Jeremy Bentham is well-known for eleven diverse forms of punishments
such as indelible, afflictive, capital, ignominious, penitential, chronic, restrictive, compulsive,
pecuniary, characteristic, and quasi-pecuniary. Jeremy Bentham wrote an essay entitled
“Introduction to the Principles of Moral and Legislation”. Bentham stressed individual
understanding. His approach was called “Hedonistic Calculus”. (Williams III &McShane, 2010)
The Classical School impacted criminological thinking. From the Classical School of
Criminology the prospective of human behavior and crime lead to the current fundamentals
such as rationality, hedonism, punishment, due process, and human rights. (Williams III
&McShane, 2010) Policy implications of the Classical School of Criminology consist of expressive
economics, rational economics, determinate sentencing, and emotional intelligence. Modern
criminologist destined the Classical School of Criminologist for its failure of an explanation for
criminal motivation and a lack of appreciation for personal incentive.
“Human beings are born with basic personality traits that do not change greatly over the
course of their lives.” This is a theory based on biological factors to explain criminal behavior.
The biological theory of crime states that determinants of human behavior including criminality
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are constitutionally or physiologically based and hereditary. (Williams III &McShane, 2010)
Criminological theories can help us to understand criminal behavior by providing complete
understanding and can be supported by observations.
Early biological theories of crime have been used in the past to provide an explanation for
criminal behavior. Researchers in the field of genetics have said that criminal tendency’s can be
inherited and can initiate crime. Biological factors that might influence aggression are hormones
such as testosterone. Criminal behavior can be seen as a type of maladaptive behavior because
crime can be an agreement symbolizing a person’s pleasure method of modifying to inner
conflict that is complicated to express.
Studies have shown that hypoglycemia, testosterone, and eugenics have also been used by
biocriminologist as an explanation for criminal behavior. Biocriminologist have worked to link
violence and disruptive behavior to eating habits, genetic inheritance, and other conditions. The
XYY theory also called the “Super Male” is a male individual that presents the “xyy”
chromosome formation. The super males have the tendency to be taller, suffer acne, over
represented in mental hospitals. Criminal anthropology is another filed that works to
scientifically study the relationship between human physical characteristics and criminality.
(Williams III &McShane, 2010)
Over time procedural safeguards have become implemented by the American
Constitution to guarantee our rights. Among these are the Bill of Rights and the right of Due
Process. The Bill of Rights consists of the first eight amendments of the United States
Constitution. The purpose of the Bill of Rights is to declare rights of the American people
against the federal government. Early on the Bill of Rights was not constrained by individual
states. The most important amendments are the fourth, fifth, sixth, and eighth. The second,
third, and seventh amendments have restricted importance. Before the Bill of Rights the
American people had no rights against the federal government. (Williams III &McShane, 2010)
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From the Fourteenth amendment the Rights of Due Process of Law was formed. The
Fourteenth Amendments state that no state can deprive a person of life, liberty, or property
without Due Process of Law. This means that no state can deprive a person of their rights
without the process that is due under the law. Over time the incorporation into the Fourteenth
Amendment means that states must offer at least as much protection as the United States
Constitution demands. Federal standards become the constitutionally minimum protection, but
states are fee to impose high standards under state constitutions. (Williams III &McShane, 2010)
Criminal behavior can be seen as a type of maladaptive behavior because crime can be an
agreement symbolizing a person’s pleasure method of modifying to inner conflict that is
complicated to express. Aggression patters can be triggered when people believe they will be
rewarded for doing so. Criminality can be obtained and criminal behavior can result when a
person has a weak interest and is influenced by social interaction. Social policy initiatives such
as growing family ties and offering discipline and values, and a foundation of social institutions,
to promote preventive strategies, and interfere when delinquent behavior develops have all
been suggested by social development perspectives.
The four philosophical reasons for sentencing are retribution, deterrence, rehabilitation,
and incapacitation. Retribution serves the objective of satisfying a victim and their family. Many
believe that retribution should be carried out in the form of a punishment equivalent to the
crime that was committed. (Williams III &McShane, 2010) Deterrence serves the purpose of
deterring an offender from committing future crimes once released back into society. The
general idea of deterrence is the punishment of one person will discourage others from
performing an equal offense. Specific deterrence is the belief that after an offender has received
punishment for their crime they will become less likely to repeat the offense.
Incapacitation is the conviction that extrication an offender from society by confining
them will in return reduce criminal opportunities and prevent crime. There are several short
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comings to this method of avoiding crime. For instance incarceration protects society until the
criminal is freed. In most instances after an offender is released back into society they continue
to engage in criminal activity. This can lead to future crimes and additional incarceration.
Rehabilitation is the belief that society will benefit more when a criminal isn’t punished
by supplied with the resources needed to abolish criminality from their behavior. Rehabilitation
is established on the notion that a criminal can be “treated” for their criminal behavior. Studies
have shown that society favors incarceration over rehabilitation. Many feel that rehabilitation is
ineffective.
Protection and punishment are the two main functions of criminal law. A crime can be
defined as any violation of written law. Deviance is behavior or activity that violates social
norms. When an individual commits an offense that is considered against social norms or
against written law this act is criminal. Criminal law is in place to protect society. Punishment
can also been seen as a form of retribution. These laws are also established to punish
individuals who break them. Written laws and culture are ways that society contributes to
crime, without a written guideline an act or acts can not constitute a crime. (Williams III
&McShane, 2010)
A criminal event consists of victims, offenders, society, and the justice system. They each
add their own contribution to a crime. Laws are implemented to protect society. The purposes
of laws are to encourage people to do what is right. There are several different types of crimes
such as violent, personal, and property crimes. There are several written sources of American
criminal law such as the constitution, and case law. The American Constitution guarantees right
to all citizens as well as federal agencies. The U.S. Constitution ensures that states cannot
relinquish more power than the federal government. The purpose of the Constitution is to
divide the powers between the national and state branches of government, and separate the
powers among executive, judicial, and legislative branches. (Williams III &McShane, 2010)
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The constitution was drafted following the Revolutionary War. At the time the country
needed a strong central government that would provide stability and national security. The
United States Constitution is divided into seven parts called Articles. The constitution was built
on the idea that liberty would be more secure if the nation government’s power was divided
into separate branches. The constitution prohibits one branch of government from infringing on
another’s. The Constitution divided power between the national government and the states.
Each state has its own constitution. Through a combination of three sections the division of
power between the federal govern and states was accomplished. Article one of the United
States
Constitution delegate’s powers to the federal governments. From the U.S. Constitution
Americans gained rights that many take for guaranteed such as The Bill of Rights, d Due Process
of Law. (Williams III &McShane, 2010)
Criminal responsibility is limited due to the many disorders, and hormonal issues people
use to explain why they have committed an offense. The nature of criminal problems in the
United States can be expressed in the criminality index. The index measures reported crimes
against estimated crimes committed by those incarcerated. Some of the disorders used as an
explanation for a criminal act is social disorganization and learning theory.
The conception that crime is the product of a person’s position in society has been used
as an assumption of the sociological theory. The belief that crime is the result of a range of
social processes, and that crime is the product of a class. Social interactions can contribute to
criminal behavior as well. Learning theory of crime is expresses that behavior that is learned.
Children who watch criminal acts being committed on a daily basis are more likely to follow in
the footsteps of those committing the offense.
At times hormonal issues are also used as an explanation for an offense. Hypoglycemia,
testosterone, and eugenics have also been used by biocriminologist as an explanation for
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criminal behavior. The idea that a person’s roots can cause criminality to pass from one
generation to another is yet another explanation. Sociobiologists have also studied human
behavior for explanations into criminal behavior.
References:
Gaines, L. K. & Miller, R. L. (2006). Criminal justice in action: The core. Belmont, CA:
Thomson/Wadsworth.
Roberson, C. Wallace H.& Stuckey, G.B. (2006). Procedures in the justice system (8th ed).
Upper Saddle River, NJ: Pearson Prentice Hall.
Schmalleger, F. (2009). Criminology today: An integrative introduction (5th ed). Upper
Saddle River, NJ: Pearson Prentice Hall.
Williams III, F. P., & McShane, M. D. (2010). Criminological Theory (5th ed.). Upper Saddle River,
NJ: Prentice Hall.
