...Jails and Prisons Sarrita Will CJA/234 January 13, 2014 Helen Ford Jails and Prisons From 1790 to 1995 the criminal justice system went through nine different eras: penitentiary, mass prison, reformatory, industrial, punitive, treatment, community-based, warehousing, and just desserts. Each era described the jails place in corrections and outlines the role of jails throughout history to the present day. The Pennsylvania Quakers believed that honest labor would be the best and most humane way to deal with offenders and their irrational behavior within the community. In the year of 1786 convicts that were put to work on public projects. To distinguish the convicts from the public they wore clothes that were bright and shabby along with a ball and chain that was attached at their ankles. This was believed to prevent offenders from escaping into the community (University of Phoenix, 2011). As the criminal justice system evolved humiliation turned towards incarceration. With the population growing someone had to manage these lock-ups and the control was given to the local areas. Within the lock-ups there would be a mixture of women and men, and petty thieves with violent offenders. As the population grew not only counties but states as well began to maintain their own correctional systems. The correctional systems were managed by local sheriff department (Texas Education Agency, 2011). The duties of these departments housed suspects until their trial or sentencing, provide...
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...Purpose and History Chris Souza CJA/234 May 5, 2014 Moore When you think of the purpose of prison, what comes to mind? To house some of the world’s most notorious criminals? To rehabilitate those who has seen the evil of their own ways? Or has America's melting pot of philosophies has made it difficult to manage societal institutions? Throughout this paper the discussion of how the history of prison development was established. The history of punishment for those who committed their crimes will be in focus. We will compare the Pennsylvania system and the Auburn system to each other. Finally, the impact of prison labor overtime shall be discussed. For some the purpose of prison is to protect society from criminals who intend to harm innocent civilians. For others a prison's purpose is to rehabilitate citizens who need skills to become upstanding members of society. Still others believe that a prison provides a way for criminals to be punished and therefore pay their debt to society. Within the correctional system of America there are varying degrees of incarceration. The history of punishment in corrections of prisons can be dated back as far as 1750 B.C. One of the earliest known written codes that specified different types of offenses and punishments was the Code of Hammurabi. The Code of Hammurabi was divided into sections to cover different types of offenses and contained descriptions of the punishments to be imposed to offenders. (Lych, 2014) There were five punishments...
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...United Kingdom. When the idea of incarceration came in the US, it came in three major eras, and this was slightly before the beginning of the American Revolution as stated before. “The initial stage or age involved putting into prisons and even rehabilitating persons who were involved in any crime and during this time the American Civil War was still in progress. This era was commonly referred to as the time of Jacksonian (Roth 97)”. It was followed by a period where some new ideas and methodologies became useful, and these changes came immediately after the war. It was known as the Progressive era, an idea such as probation unspecified sentencing came into place. Then significant changes in American Penal continued to be observed up to today. A lot had changed in the US Penal system as compared to what it was in the early years when this practice was being practiced for the first time. “When America was being colonized by the British, the slaves who were brought in the form of prisoners and laborers were shipped in America using the Atlantic Ocean (Rothman 76)”. It became the first major method of imprisoning and it evolved to later being known as the prisoner trade. This was around the 1660s onwards, and thousands of people were moved to America by the English forces. During this time, the jails that were built were not purposely meant to imprison people but to detain them. “The most common modes of punishment during this era was caning and punishments such as hard labor...
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...article of the US Constitution created the Federal Court System. Because each of the original colonies had an established court system, the two court systems evolved separately into today’s modern dual court system (Kelly, 2012). This essay will break down the major historical events in the United States Court system to include probation, parole, and juvenile courts and how they have transformed todays United States Dual court system. In the late 19th century and early 20th century a social movement known as Progressivism had a strong hand in creating and molding the US Court systems. This movement primary goal toward the court systems was to change the thinking from retribution to rehabilitation (Net Industries, 2012). As the progressivism movement started to gain ground and the mindset shifted toward rehabilitation Boston, MA started to use an informal form of probation. Judges would release minor criminals into the custody of well-known members of society in hopes of rehabilitation (City of New York, 2012). In the late 19th century Massachusetts created a law that allowed the mayor of Boston to create the position of a...
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...offenders. We can trace back punishment to the colonial days where punishment was based on community opinion and punishment was publicly displayed to ridicule and deter others from such behavior. This type of punishment started to transform into a more organized structure because of enlightened political philosophy, a more humane approach was sought. Incarceration became the vehicle in which the American justice system dealt with deviant behavior. Sir Alex Patterson once said, “You cannot train a man for freedom under the conditions of captivity”. The first prisons in the free United States were recognized as penitentiaries to signify their prisoners as religious sinners serving time for their transgressions. (The Howard league for penal reform, 2014) Early penitentiaries grew national and international attention for their high aspirations of improving...
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...1. Define and discuss the classical school of criminology? In particular, address the contributions of Beccaria and Bentham to the debate about punishment and the impact of these contributions in modern corrections? * Perceptual Research on General Deterrence: A Critical Review * Kirk R. Williams and Richard Hawkins * Law & Society Review, Vol. 20, No. 4 (1986), pp. 545-572 * Published by: Wiley on behalf of the Law and Society Association * Article DOI: 10.2307/3053466 * Article Stable URL: http://www.jstor.org.libraryproxy.griffith.edu.au/stable/3053466 2. .) In all societies certain kinds of behaviour are either encouraged or discouraged by a set of social rules, from mild discouragers such as frowns of disapproval to applause of approval. Behaviours that infringe upon the happiness of others or their property or the general wellbeing of those within the community were discouraged with stronger means such as verbal abuse, beatings and banishment. (Allen and Simonsen, 1998) 3. Theorists such as von Hentig of the early 1900’s proposed that Bentham’s theory of deterrence was invalid due to the fact that the pleasure of committing a crime is a “near object” whereas the consequence of crime imposed by the legal system is a “long-distance danger” and is unable to counteract the immediate rewards of crime. (Paternoster, 2010, p773) HOW MUCH DO WE REALLY KNOW ABOUT CRIMINAL DETERRENCE? Paternoster, Raymond Journal of Criminal Law &...
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...Australian Bankruptcy Law Contents Executive Summary 2 History of Australian Bankruptcy Law 3 The Beginning 3 The English Root 3 The Adaption and the Bankruptcy Act of 1966 5 The Debate 6 The Reform 6 For the Change 6 Against the Change 6 Conclusions & Recommendations 7 Citations & References 8 Executive Summary The purpose of this report is to examine the history, and the development of the Australian Bankruptcy Law. Through reviewing historical information, the origins of the current Bankruptcy Law are explored. Furthermore, the development of Corporate Insolvency Laws in Australia from 1901 through to 2001 Corporations Act is studied. The last part of this report reviews the ongoing debate on the need to relax the Corporate Insolvency & Bankruptcy Laws, in order to encourage entrepreneurship. This is followed by a final conclusion on the topic of the Australian Bankruptcy Law, and recommendations on where it could head for the better. History of Australian Bankruptcy Law The Beginning Before examining the development of any laws in Australia, one must review and accept the irony that, Australia began as a nation of convicts. In the late 18th century, the British empire were being burdened by the increasing number of criminals, convicted of variety of crimes from petty theft, fraud, to even murder. Due to the limited landmass, King George III empowered Captain Arthur Phillip, commander of the First fleet, to sail out to Australia...
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...Purpose and History of Penitentiaries By: Jeremy Rice Imprisonment as a form of criminal punishment only became widespread in the United States just before the American Revolution, though penal incarceration efforts had been ongoing in England since as early as the 1500s, and prisons in the form of dungeons and various detention facilities had existed since long before then. Prison building efforts in the United States came in three major waves. The first began during the Jacksonian Era and led to widespread use of imprisonment and rehabilitative labor as the primary penalty for most crimes in nearly all states by the time of the American Civil War. The second began after the Civil War and gained momentum during the Progressive Era, bringing a number of new mechanisms—such as parole, probation, and indeterminate sentencing—into the mainstream of American penal practice. Finally, since the early 1970s, the United States has engaged in a historically unprecedented expansion of its imprisonment systems at both the federal and state level. Since 1973, the number of incarcerated persons in the United States has increased five fold, and in a given year 7 million persons are under the supervision or control of correctional services in the United States. These periods of prison construction and reform produced major changes in the structure of prison systems and their missions, the responsibilities of federal and state agencies for administering and supervising them, as well as the legal...
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...was the bead of the institution of jail (karagriha) designated as kamyadhyrrkrkcr". In Manusmriti it is stated that "(the King) should have all the prisons built on the royal highway, where the suffering and mutilated evil doers can be seen". Development of the prison system Until the late 18th century, prisons were used mainly for the confinement of debtors who could not meet their obligations, of accused persons waiting to be tried, and of convicts who were waiting for their sentences--either death or banishment--to be put into effect. But imprisonment gradually came to be accepted not only as a device for holding these persons but also as a means of punishing convicted criminals. During the 16th century a number of houses of correction were established in England and on the continent for the reform of minor offenders. The main emphasis was on strict discipline and hard labour. The unsanitary conditions and lack of provisions for the welfare of the inmates in these houses of correction soon produced widespread agitation for further changes in methods of handling criminals. Solitary confinement of criminals became an ideal among the rationalist reformers of the 18th century, who believed that solitude would help the offender to become penitent and that penitence would result in reformation. This idea was first tried out in the United States, at Eastern State Penitentiary, which was opened on...
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...the free market economies and the liberal politics on the presence and the influence of British Empire in India. Some transformational occurrences in India such as the mutiny and Irish Potato Famine are greatly highlighted. As a result, the attempts of Britain to civilize Indians and simultaneously transform them into British people through education and legal reforms are the main points demonstrated in the video. The video indicates the way, in which the noble principles of the British Empire were not appropriate for handling the situations in India. Although the empire was supposed to provide benefits associated with Western civilization, the inhabitants of Ireland and India endured poverty because of the laissez faire economic policy. The lack of religious sensitivity, famine and mutiny resulted in the conflict between Indians and Britons. Moreover, the great Irish potato famines led to mass migration from Ireland to New Zealand, Australia, Canada and America. According to Simon Schama, Britain witnessed the establishment of the liberalism ideology and fast development of political institutions in the mid-19th century. As Britain continually developed and the public attained more freedom, liberalism was distributed to different colonies, in which settlers in New Zealand, Canada and Australia established their political institutions. In India, however, the British Empire intended to civilize the society in India. The empire used virtues rather than military or forceful approaches...
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...Introduction “Police history” predates the evolution of the “police” as a permanent occupational group within a bureaucratic institution, providing the primary state response to crime and disorder. That was primarily a development of the 19th century and a reaction to the rapid social change of the industrial revolution and rapid urbanization. Prior to 1800, governments maintained order by a variety of means, local and national. One of the key historical debates concerns the effectiveness of these approaches and the degree of continuity between the premodern and modern police models. Around 1800 a small number of distinctively different types of police institution emerged. The French, under Napoleon, instituted the Gendarmerie, a state military police model. It evolved from the “Marechaussee,” which had had a dual military and civil function since the 16th century. The model was exported across Europe by Napoleon. The British developed two models. The first, set up to answer similar challenges to the Gendarmerie in France, was the Royal Irish Constabulary model. It was close to the state military model, but distinctively styled as part of the civil power of the state and subordinated to the Magistracy. The Irish model was subsequently exported to Britain’s colonies and became the basis of forces such as the Indian Police Service. The Metropolitan Police was consciously created as a local force with a uniform that was deliberately different from the military and a mission that...
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...Abstract: 1). Describe the impact of Sir Robert Peel on American policing. 2). Analyze the relationship between the U.S. Government and the policing organizations throughout the United States. 3). Explain how this relationship may affect Police Practices. 1. Describe the impact of Sir Robert Peel on American policing? - The English statesman Sir Robert Peel (1788-1850) served as prime minister during 1834-1835 and 1841-1846. He played an important role in modernizing the British government’s social and economic and sponsored the repeal of the Corn Laws in 1846. Sir Roberts Peel was in the great tradition of the 19th-century administrative reformers. Though not a doctrinaire, he drew on the most advanced thinking of his day in his reform of British criminal law, the prisons, the police, and fiscal and economic policies. By making government a positive instrument in social reform and by his pragmatic approach to social and political problems, Peel also made an important contribution to shaping the philosophy of the modern conservative party. Despite the fact that his repeal of the Corn Laws broke his party, Peelite traditions lingered on. Peelites such as William Gladstone also carried these traditions into the Liberal party. Sir Roberts and his efforts have lasted through out times, trials, and many difficulties in Sir Roberts Peel’s last years he devoted his last years to developing a force that would provide safety and service to all citizens and communities throughout the world....
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...Punishment within the corrections system has been around for as long as anyone can remember. Imprisonment has been a form of punishment since ancient times and is still the most common form of punishment when dealing with offenders in corporal punishment and execution. In the early 18th century a gradual minimization of this trend took place and the start of the modern European penal system began taking place. Michel Foucault in his writings “Discipline and Punishment “evaluated how the rise in prisons in the 18th century was a major factor in the formation of the way today’s world views punishment. Philosophers such as Voltaire and Jean Jac Brusseau and Jean Loc made way for social change with their views on human potential, free will and the innate goodness of man. These philosophers voiced their opinion against torture and capital punishment which in their minds represented barbarism. Prison sentences in that age became a way so that judges could not punish those who in their minds were deemed most severe. These views on punishment obviously have changed over time, in my opinion capital punishment serves as a better means as any to punish those who have committed crimes giving those offenders a chance at rehabilitation and redeeming themselves. Prisons in today’s society have gone a long way since prisons in the past, they still may need a little work done to make them a better environment to live in for inmates, but are still an upgrade from how prisons use to be...
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...important role in modernizing the British government's social and economic policies and sponsored the repeal of the Corn Laws in 1846. (Gale, 2004, pg.181) Sir Robert Peel was in the great tradition of 19th-century administrative reformers. Though not a doctrinaire, he drew on the most advanced thinking of his day in his reform of British criminal law, the prisons, the police, and fiscal and economic policies. By making government a positive instrument in social reform and by his pragmatic approach to social and political problems, Peel also made an important contribution to shaping the philosophy of the modern Conservative party. (Gale, 2004, pg.181) As chief secretary for 6 years, until 1818, Peel established a reputation for a happy mixture of firmness and compassion. Among other reforms, Peel pioneered in the establishment of a permanent Irish police force and laid the foundations for famine relief. (Gale, 2004, pg.181) In 1821 Peel was recalled to high office as home secretary in Lord Liverpool's government. (Gale, 2004, pg.182) He remained in that office, with one brief interlude in 1827-1828, until 1830. In large part because of him, this period is known as the "age of liberal Toryism." Benthamite and evangelical reformers had long argued against Britain's legal and penal system which attempted little more than frightening citizens not to commit crimes. (Gale, 2004, pg.182) Peel went a long way toward meeting their demands by...
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...Comparison and Contrast between the Disciplined and Controlled Societies Sociology Theorizing Introduction According to Deleuze disciplinary societies existed in the 18th and the 19th centuries. He explains that these societies were located by Foucault. Deleuze explained that the disciplinary societies were much evidenced in the 20th century which according to him was the time when the practice reached its peak. According to him in this system the individuals were operating enclosed environments. Such environments were having the laws to be followed closely by the people. These enclosed environments included the family, the school, the barracks, and the factory and the hospital that people would visit from time to time. Still another enclosed environment was the prison which was seen as an analogical model of laborers who were treated as prisoners. He uses the exclamations of the heroine of Rossellini’s Europa ’51 whom at the sight of some laborers was reported to have thought that she was seeing convicts. Analyzing such environments enclosure in the context of a factory Foucault explained that the major goals of a factory is to concentrate, distribute in space, order in time, compose a force of production within the dimensions of both space and time to ensure grater effect than that of the sum of its component forces. Comparison and Contrast of the Disciplined Society with Controlled Society In discipline societies an individual passes through different enclosures...
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