Weitere ähnliche Inhalte Ähnlich wie 1. historical foundations for community corrections (17) Mehr von Center on Juvenile and Criminal Justice (15) Kürzlich hochgeladen (20) 1. historical foundations for community corrections1. www.cjcj.org
© Center on Juvenile and Criminal Justice 2013
40 Boardman Place
San Francisco, CA 94103
Historical Foundations of Modern
Criminal Law
Mitigation of Punishment
2. www.cjcj.org
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Mitigation
A reason for making a punishment less severe
3. www.cjcj.org
© Center on Juvenile and Criminal Justice 2013
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San Francisco, CA 94103
Most Serious Crimes Throughout History – Crimes Against State
• Treason
• Witch Craft
4. www.cjcj.org
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Punishments Throughout History
• Capital Punishment
• Corporal Punishment
• Shaming
• Banishment
• Enslavement
5. www.cjcj.org
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Ancient Origins
• Code of Hammurabi
• Greek Legal System
• Roman Law
6. www.cjcj.org
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Hammurabi code (1700 BC)
Lax talionis
(principle of retaliation)
7. www.cjcj.org
© Center on Juvenile and Criminal Justice 2013
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San Francisco, CA 94103
Greek laws and the question of severity
• Draco (621 BC)
• Solon (594 BC)
8. www.cjcj.org
© Center on Juvenile and Criminal Justice 2013
40 Boardman Place
San Francisco, CA 94103
Roman Law
• 12 Tables (451 BC)
• Organized law enforcement
(27 BC)
• Justinian Code (518-565 AD)
9. www.cjcj.org
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40 Boardman Place
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Medieval Criminal Law
Controlling Crime Through Terror
10. www.cjcj.org
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Criminal penalties of the middle ages
• Based on social status
• Social control through fear and terror
• Redemption and reformation not a consideration
11. www.cjcj.org
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Punishments under Anglo-Saxon Law
• Trial by ordeal
• Branding
• Flogging
• Mutilation
• Execution
12. www.cjcj.org
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Medieval Origins of Probation: the
Search for Moderation
• Amercement
• Benefit of Clergy
• Reading of Psalm 51
• Sanctuary
• Abjuration
• Pleading the belly
• Judicial Reprieve
13. www.cjcj.org
© Center on Juvenile and Criminal Justice 2013
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The Age of Enlightenment and the
Origins Of Modern Criminal Law
The Application of Reason and the Search for
Humane Laws
14. www.cjcj.org
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William Penn (1644-1718)
English Quaker, who
established Pennsylvania
colony. Created Quaker
Code of 1682 (Great Law)
that introduced more
humane treatment of
criminal offenders.
15. www.cjcj.org
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San Francisco, CA 94103
Montesquieu
Published Spirit of the Laws in
1748; advocated the rule of law
and the elimination of arbitrary
power
16. www.cjcj.org
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Voltaire(Francois Marie Arouet) (1694-1778)
Spoke out against torture and
sought conviction reversals even
after people had been executed
Believed fear of shame was a
deterrent to crime
Imprisoned in the Bastille (1726)
17. www.cjcj.org
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San Francisco, CA 94103
CESARE BECCARIA (1738-1794)
Author of Essays on Crime
and Punishments 1764
which laid the foundation for
modern legal philosophy
Introduced concepts of:
Equality
Proportionality
Humane treatment
18. www.cjcj.org
© Center on Juvenile and Criminal Justice 2013
40 Boardman Place
San Francisco, CA 94103
Jeremy Bentham 1748-1832
English advocate of Utilitarianism
Coined term: Hedonistic Calculus
“Nature has placed mankind under
the governance of two sovereign
masters, pain and pleasure. It is for
them alone to point out what we
ought to do, as well as to determine
what we shall do. On the one hand
the standard of right and wrong, on
the other the chain of causes and
effects, are fastened to their throne.
They govern us in all we do, in all
we say, in all we think...[16]”
19. www.cjcj.org
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Classical Criminology and Modern Criminal
Sentencing
• Human Beings are Rational
• Deterrence is the purpose of punishment
• Human beings balance pleasure with pain
• Punishment should be proportionate to the crime
• Sanctions should be proclaimed prior to their use
• Punishments should “not embrace savage measures”
• Death Penalty should be eliminated or limited
20. www.cjcj.org
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40 Boardman Place
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The American Penitentiary and
the Pursuit of Humane Justice
21. www.cjcj.org
© Center on Juvenile and Criminal Justice 2013
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John Howard (1726-1790)
English prison reformer who wrote
“The State of the Prisons in
England and Whales. Advocated
passage of the Penitentiary Act of
1779 by British Government that
called for:
Classifications of prisoners
Prison inspections
Emphasis on solitary confinement
Abolishment of fees for basic needs
22. www.cjcj.org
© Center on Juvenile and Criminal Justice 2013
40 Boardman Place
San Francisco, CA 94103
The Great American Reformers
Benjamin Rush (1746-1813)
Solitary Penitentiary System
Thomas Eddy (1758–1827)
Congregate Penitentiary System
23. www.cjcj.org
© Center on Juvenile and Criminal Justice 2013
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San Francisco, CA 94103
Edward Livingston
Livingston Code (Louisiana Code)
Advocated for:
• Complete solitude for criminals
• Opposed corporal punishment
• Believed in incentives to promote
change through work
24. www.cjcj.org
© Center on Juvenile and Criminal Justice 2013
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Sentencing Reform in the New Republic
• Rejection of harsh
European practices
• Incarceration becomes
a primary form of
punishment
• Employs combination of
solitary confinement
and labor
• Founded on notion that
criminal offender could
be redeemed
25. www.cjcj.org
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ON THE
PENITENTIARY SYSTEM IN UNITED STATES AND
ITS APPLICATION IN FRANCE (1833)
Alexis de Tocqueville Gustave de Beaumont
26. www.cjcj.org
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Failures of the Penitentiary System
Birth of Probation
27. www.cjcj.org
© Center on Juvenile and Criminal Justice 2013
40 Boardman Place
San Francisco, CA 94103
Society for the Alleviation of Prison Miseries
IT IS WITH DEEP REGRET THE VISITING COMMITTEE FEEL THEMSELVES
OBLIGED TO STATE, THEY HAVE NOT BEEN ABLE TO PERCEIVE ANY
REFORMATION AMONG THE PRISONERS; AND THEY ARE FULLY
CONVINCED, THE FOLLOWING CAUSES HAVE PRINCIPALLY, IF NOT
ENTIRELY, PREVENTED THE REFORM THAT HAS BEEN SO ANXIOUSLY
EXPECTED
• 1ST THE UNFITNESS OF THE PRESENT BUILDING FOR A PENITENTIARY.
• 2ND THE WANT OF CLASSIFICATION
• 3RD THE CROWDED STATE OF THE PRISON
• 4TH THE WANT OF EMPLOYMENT
WHILE CAUSES SO PREGNANT WITH EVIL EXIST, IT IS VAIN TO EXPECT ANY
REFORM.
28. www.cjcj.org
© Center on Juvenile and Criminal Justice 2013
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American Incarceration after 1840
• Emphasis on harsh
punishment
• Forced labor to reduce prison
costs
• Brutal treatment and
unsanitary living conditions
• Inmates seen as incorrigible
29. www.cjcj.org
© Center on Juvenile and Criminal Justice 2013
40 Boardman Place
San Francisco, CA 94103
Dorothea Dix
(April 4, 1802 – July 17, 1887)
Prison and Prison Discipline in
the United States (1845)
Argued for the improved
treatment of prisoners.
The good system, ignorantly or
viciously administered,
becomes as a great an evil to
the prisoner and to society, as
the very worst system ever
devised or tolerated.