Tribal Society Constituted by clan components Blood feud occurred between clans not tribes Third party intervention courts mitigating brutality of Blood Feud 3 models Economic March of Progress Model Progressive Model mankind over time Class conflict Role of conspiracy between have and have nots progresses More efficient way to handle have nots i e slave lease Concerned with social political economic system where they can gain wealth and use punishment working for the government economic progressive Multifaceted Model Public Punishment in Colonial America 1600 1790 Life in the colonies Community Church and Family Order was secured through cultural and spiritual hierarchy of authority Every member had particular role Paternal society authorities modeled role after stern fathers Outsider laws Religion Crime as sin Grim Determinism God preordained all Crime sin Did not study causes and cures of crime crime was a predictable consequence of evil Profanity theft Mindful of behaviors that would burden community master impregnating slave makes community look bad Respect for parents incorrigible children executed Public and corporal punishment Self policed Law enforcement disorganized understaffed and elderly Crimes by non community members treated more harshly Purpose was retributive morally right and deserved Whippings posts were located near court proceedings In MA number of whips were limited to 40 Banishment for permanent dangers Shaming Hanging death penalty infrequent Jails used as holding places for offenders waiting trial punishment Church community and punishment Public and physical Repentance through shaming and humiliation Moral obligation Idea of punishment was NOT to dissuade others If feared there would be imitators punishment was public Punishment read directly from bible American Revolution lead to transition Industrialization Urbanization Immigration Europe had enlightenment science reason rational direct impact on ideology of crime and punishment Public punishment should be abandoned and incarceration adopted Summary Nature of Society small community in which everyone had role Ideology Grim determination god preordained all Result methods of crime control were based off bible and public Banishment Shaming Fines Corporal punishment Death Penal Code Reform in the Period of Transition Post Revolutionary America Demise of the colonial way of life Population exploded Economic shift from field to factory led to expansion Immigration The Enlightenment providence Humanitarian reform natural scientific laws rather than divine Humans are naturally good and can improve rehabilitation Crime as Reasoned Behavior Extensive liberty extensive crime Hedonistic nature mx Pleasure and min pain Criminal regarded as threat to property life and social stability and was to be punished for offenses against the state not god in accordance with legal principles Offending against greater happiness of community Punishment and Deterrence Old punishment instilled vengeful spirit Cesare Beccaria Italy Vice and virtue have no place in crim System Punishment has to be certain and prompt Punishments only sever enough to deter worse than pleasure Jeremy Bentham England principle of utility make punishment Specific deterrence punishment harsh enough to not make you repeat General deterrence population from committing the act certainty Swiftness Ideal of Penal Code Reform and Incarceration Death sentence was abolished for some penal codes Institutional confinement Prison overcrowding Summary Nature of society colonial society changes industrialization increased immigration for labor Ideology Determinism science reason rationality enlightenment Crime control deterrence law enforcement Pain pleasure Need to catch the criminal and be swift and certain with punishment Age of the Penitentiary in Nineteenth Century America Jacksonian America and beyond Building a nation more populated mobile and commercial westward expansion immigration industrialization urbanization Booming economy agriculture cotton cultivation textile railroads Charity Crusades and Religion more humanitarian Crime is a moral disease Crime was product of intemperance idleness ignorance irreligion and poverty urban disenchantment disorganization Broken families bad environments Reason and rational Hedonistic Crime is considered curable Promise of the penitentiary Intended to resolve newfound social ills and restore order and proper social organization Obedience routine silence labor separation surveillance pure air healthful labor Quarantine offenders from outside world Southern injustice convict served as slave for money lease system Involved in 90 inmates were African American 1100 leased 20 years of work Urban disenchantment moral reform and penitentiary Mid nineteenth century systems separated felons according to offense House the undesirables and their failure recidivism contributed to expansion of American penal system Summary Nature of society prostitution massive immigration idleness industrialization urbanization Urban disenchantment be cured Ideology Urbanized Society is result of crime which is a disease that can Crime control asylum based on utopian theory of social organization colonial structure and return with spiritual coat of armor to deflect sin Not to punish but to reform and train those who couldn t cope Compliance Progressivism and Reformatory Parole and Probation Just class lecture Progressivism improving social political and economic life Industrialization problem of factories Immigration problem of Irish Poverty Labor Alcohol and opium Crime Reforming schools Child labor laws Playgrounds Kindergarten Compulsory school attendance truancy Age grouping in classes Alternative schools Reforming juvenile corrections All types of juveniles delinquent incorrigibles neglected dependent Medical model Goal individual treatment However goal displacement youth reformatory to training school Institutional reform Civil rights Prisoner rights Disability and rehabilitation acts Court interventions Educational reform Brown School finance School and religion School adequacy Penal reform Map Miranda Gault Prisoner treatment Conditions of confinement Juvenile just system intervention and reform in Florida 1983 Bobby M Inhumane treatment conditions of confinement unsanitary Resulted in SEA education enhancement DJJ and DCF custody care and education 1990 2010 Defined by Growth Florida Juvenile System post reform Zero tolerance Juvenile