10.5: Historical Development of Punishment
- Page ID
- 48431
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\(\newcommand{\avec}{\mathbf a}\) \(\newcommand{\bvec}{\mathbf b}\) \(\newcommand{\cvec}{\mathbf c}\) \(\newcommand{\dvec}{\mathbf d}\) \(\newcommand{\dtil}{\widetilde{\mathbf d}}\) \(\newcommand{\evec}{\mathbf e}\) \(\newcommand{\fvec}{\mathbf f}\) \(\newcommand{\nvec}{\mathbf n}\) \(\newcommand{\pvec}{\mathbf p}\) \(\newcommand{\qvec}{\mathbf q}\) \(\newcommand{\svec}{\mathbf s}\) \(\newcommand{\tvec}{\mathbf t}\) \(\newcommand{\uvec}{\mathbf u}\) \(\newcommand{\vvec}{\mathbf v}\) \(\newcommand{\wvec}{\mathbf w}\) \(\newcommand{\xvec}{\mathbf x}\) \(\newcommand{\yvec}{\mathbf y}\) \(\newcommand{\zvec}{\mathbf z}\) \(\newcommand{\rvec}{\mathbf r}\) \(\newcommand{\mvec}{\mathbf m}\) \(\newcommand{\zerovec}{\mathbf 0}\) \(\newcommand{\onevec}{\mathbf 1}\) \(\newcommand{\real}{\mathbb R}\) \(\newcommand{\twovec}[2]{\left[\begin{array}{r}#1 \\ #2 \end{array}\right]}\) \(\newcommand{\ctwovec}[2]{\left[\begin{array}{c}#1 \\ #2 \end{array}\right]}\) \(\newcommand{\threevec}[3]{\left[\begin{array}{r}#1 \\ #2 \\ #3 \end{array}\right]}\) \(\newcommand{\cthreevec}[3]{\left[\begin{array}{c}#1 \\ #2 \\ #3 \end{array}\right]}\) \(\newcommand{\fourvec}[4]{\left[\begin{array}{r}#1 \\ #2 \\ #3 \\ #4 \end{array}\right]}\) \(\newcommand{\cfourvec}[4]{\left[\begin{array}{c}#1 \\ #2 \\ #3 \\ #4 \end{array}\right]}\) \(\newcommand{\fivevec}[5]{\left[\begin{array}{r}#1 \\ #2 \\ #3 \\ #4 \\ #5 \\ \end{array}\right]}\) \(\newcommand{\cfivevec}[5]{\left[\begin{array}{c}#1 \\ #2 \\ #3 \\ #4 \\ #5 \\ \end{array}\right]}\) \(\newcommand{\mattwo}[4]{\left[\begin{array}{rr}#1 \amp #2 \\ #3 \amp #4 \\ \end{array}\right]}\) \(\newcommand{\laspan}[1]{\text{Span}\{#1\}}\) \(\newcommand{\bcal}{\cal B}\) \(\newcommand{\ccal}{\cal C}\) \(\newcommand{\scal}{\cal S}\) \(\newcommand{\wcal}{\cal W}\) \(\newcommand{\ecal}{\cal E}\) \(\newcommand{\coords}[2]{\left\{#1\right\}_{#2}}\) \(\newcommand{\gray}[1]{\color{gray}{#1}}\) \(\newcommand{\lgray}[1]{\color{lightgray}{#1}}\) \(\newcommand{\rank}{\operatorname{rank}}\) \(\newcommand{\row}{\text{Row}}\) \(\newcommand{\col}{\text{Col}}\) \(\renewcommand{\row}{\text{Row}}\) \(\newcommand{\nul}{\text{Nul}}\) \(\newcommand{\var}{\text{Var}}\) \(\newcommand{\corr}{\text{corr}}\) \(\newcommand{\len}[1]{\left|#1\right|}\) \(\newcommand{\bbar}{\overline{\bvec}}\) \(\newcommand{\bhat}{\widehat{\bvec}}\) \(\newcommand{\bperp}{\bvec^\perp}\) \(\newcommand{\xhat}{\widehat{\xvec}}\) \(\newcommand{\vhat}{\widehat{\vvec}}\) \(\newcommand{\uhat}{\widehat{\uvec}}\) \(\newcommand{\what}{\widehat{\wvec}}\) \(\newcommand{\Sighat}{\widehat{\Sigma}}\) \(\newcommand{\lt}{<}\) \(\newcommand{\gt}{>}\) \(\newcommand{\amp}{&}\) \(\definecolor{fillinmathshade}{gray}{0.9}\)Historical Development of Punishment
Over the course of time, methods of punishment have changed. Perhaps the changes occurred as humanity became more civilized and adopted a stronger sense of morality. Perhaps the changes came about almost by accident or in order to meet changing social conditions. Perhaps it is a little bit of both.
Greece and Rome
When examining the police and court components of our justice system we saw that we often borrowed the concepts from English history. When it comes to punishment, however, some of our methods are modeled on ideas present in historical Greek and Roman societies. These societies were an interesting contrast of some of the most barbaric methods of punishment, such as being thrown into a pit with lions, and also some of the more advanced methods of punishment such as a complex system of both fines and forfeitures.
Image 10.4
England
England primarily utilized harsh physical punishments. In the English society, one of the most serious crimes would be any kind of offense against royalty. A breach of faith with a feudal lord was referred to as a Felonia. The commission of a crime against royalty even something small such as poaching a deer out of their forest, was considered more serious than even the death of a commoner. In American society a felony is still thought of as a serious crime but it no longer has to do with one’s nobility status.
Another advantage that England gave nobility was that they were often able to pay money in order to avoid physical punishments. Then, if you are wealthy you could buy your way out of punishment whereas if you were poor would likely become mutilated or killed. In some instances wealthy individuals could even make their servants take the punishment on their behalf and that way they themselves were not harmed, and they did not have to pay any money. Some people question whether wealthy individuals in American society are also treated differently than the poor, though it is not to this extent.
Image 10.5
Poor Laws
By the end of the 16th century England needed laborers to meet rising markets for new goods and to serve in sea duty in her Majesty’s Navy. To obtain laborers they passed “Poor Laws” wherein it was against the law to be poor. In essence, poor citizens became slaves to the government because of their financial status. If convicted of being poor the citizens would be sentenced to hard labor where the government needed them to work.
New Colonies
As England established new colonies in America, Australia, and other places the colonies also needed labor. So the English government legalized deportation of its sentenced citizens. If the citizen lived long enough in performing hard labor overseas, they could eventually become free again so they would never be allowed to return to their home country or families. Men that were deported often worked on ships or in mines and women that were deported were forced into prostitution to serve officers or select inmates. Many of the sentenced individuals did not live for long even though their crime was not punishable by death.
Less Need For Labor
Eventually the colonies grew, machines were invented, and African slaves were imported so convict labor was no longer needed. Still many citizens were poor so England reverted back to the use of harsh physical punishment and death. By the end of the 18th century over 350 crimes were punishable with the death penalty.
Workhouses
For a small number of crimes that were not punishable by death, a common punishment was to put the poor individual into a workhouse. This workhouse was like an early form of jail. The idea was that the citizen would be held there until work could be found for them to complete in repayment to the government for the burden of them being poor. Not surprisingly, these workhouses soon became full and then overfilled. Some individuals that were to be sentenced to a workhouse were instead crammed onto abandoned ship and anchored out at sea, typically to die.
Penitentiaries
It was not until around 1820 when a new solution surfaced. The idea was to rename some of the workhouses as Penitentiaries. The concept of the penitentiary is a religious one. The idea is that the incarcerated individual would become penitent or sorry for what they have done and then turn away from wickedness and be a new and better citizen when they were released. So the solution to the overfull workhouses was to let people out of them after they stayed in it for a period of time. To sit in an institution doing nothing while waiting for work that never came did not seem logical. However, to sit in an institution becoming penitent may be a solution. This idea of locking a citizen in a penitentiary, or prison, or house of correction and then later releasing them, is still a common mode of punishment for serious crimes in America.
Image 10.6