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Chapter 1 Overview of Chapters INTRO Assumption was that police courts and corrections are not problematic and that this system operates with its formally prescribed goals and purposes Research shifted from the offenders and causes of crime to the meaning and Net widening consequences of past and present crime control efforts over more of the base population rather to provide alternative control is the tendency of penal reformers to sequentially extend control Chapter 2 colonial America s strong English ties which are expressed in the form of small closely knit colonial communities Colonial America punishment practices are portrayed as functional and responsive to the context beliefs and needs of the religious Chapter 2 Chapter 3 Period of Transition Incarceration is introduced as a form of punishment Crime and Punishment are interpreted within the paradigm of free will and associated with Classical School The reasoning if the consequences of crime are more painful than they are pleasurable specific and general deterrence is accomplished therefore preventing crime Focus is using imprisonment to provide swift and sure punishment Chapter 4 nationwide proliferation and refinement of the penitentiary Notions of free will lost some if its influence The belief was now that crime Urban disenchantment was a moral disease brought on by the socially disorganized and evil influences of the city Prisons now served the dual purpose of correcting the prisoner through disciple obedience regimen The prison walls were not only to keep the prisoners in them but to prevent the evil city from contaminating the well ordered prison environment Chapter 5 Individualized treatment and offender rehabilitation call for increased government action to respond to industrialization urbanization social problems including crime Potential of combined efforts of government and science to resolve crime and Progressivism urban problems through penal reform alternatives which are indeterminate sentencing parole and probation individualized treatment for offenders could be realized The promise and the reality of the monumental reforms diverged Overall failed in the eyes of the designers Prison wardens treated parole and the indeterminate sentence like control tools Judges used probation to enhance their sanctioning options Chapter 6 Between 1900 and the 1960 s juvenile courts proliferated throughout the country and expanded their scope and youth population subject to their control Importance of the juvenile court s medicalized philosophy and associated methods of individual treatment and rehabilitation in stimulating a broadly embraced ideological ethos Court s individual treatment and rebab functions were accelerated by the criminal justice system s handling of adult criminal offenders and by the mental health system in its handling of the mentally ill Chapter 2 Public Punishment in Colonial America 1600 1790 Nature of Society Colonial society was organized around community church and family Order was made possible by worshipping the church marrying neighbor and the sharing of resources Small closely knit communities Well stocked with moral monitors who did not miss much in the goldfish bowl existence of daily life Obedience to the highest authority of God or parents ministers and masters Outsiders were feared and resisted because they posted a threat to the stable community Laws that warned out strangers or permitted the rejection of newcomers were based largely on concerns over the visitor s faith and the likelihood of being unable to support themselves o Some colonies required outsiders to furnish a certificate of good standing from the community of previous residence In order to survive and thrive communities needed to remain small and founded on shared faith and cooperation Did not tolerate religious diversity conformists Some settlers regarded their communities as religious experiments or plantations of religion Beliefs Crime Sin Consequences of the active forces of the devil An offense against God was a crime against society and a crime against the society was an offense against God They did not perceive crime to be an entrenched social problem Criminal activities profanity drunkenness sarcasm flirting gossiping being unemployed Women were most often charged with the offenses of witchcraft fornication bastardy and infanticide Methods of Punishment Informal social control precluded the need for formal law enforcement except an outside enemy threat Non community member s crimes were treated more harshly An outsider who committed begging would be banished or shamed before the community by whipping or stoning Fines whippings mutilation shaming techniques banishment and death Administered individually or in combinations Punishment of crime sin was seen as morally right and deserved The notion of rehabilitation was inconceivable because colonists had no real expectation of stopping crime by curing fixing offenders Fines were by the far the most frequent imposed sanction and were used nearly three times as often as corporal punishment The amount was left to the judge o Example Slave master and slave commit the same crime Slave pays fine in a number of whippings slave master pays with tobacco leaves Second most frequent whippings because of their ease and convenience o Whipping posts were located near the site of court proceedings and were delivered on a day when the colonists had gathered to attend a court session Humiliation Banishment was for non community members recidivists and other offenders viewed as permanent dangers It was likely that banished offender would encounter alienation rejections death especially in the winter months Shaming stocks pillory dunking stools letter wearing mild mutilation burning the hand ear cropping carting heavy irons dame s bridle Shock death offender would receive a death sentence by hanging but later Death by hanging could apply to recidivists murderers arsonists horse would be granted a reprieve thieves and incorrigible youth Jails were a holding place for offenders awaiting trial or punishment Offenders were housed in rooms a mimic of family routines offenders had to pay to be housed no separation between age gender offense Punishments were overwhelmingly public and physical Chapter 3 Penal Code Reform in the Period of Transition 1790 1830 Nature of Society The frequency seriousness of crime was increasing Complaints of drinking gambling prostitution robbery and a general


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FSU CJC 3010 - Chapter 1

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