NCJ Number
43396
Journal
Federal Probation Volume: 41 Issue: 2 Dated: (JUNE 1977) Pages: 3-9
Date Published
1977
Length
7 pages
Annotation
FOLLOWING AN HISTORICAL ANALYSIS OF CORRECTIONAL POLICY, BEGINNING WITH EARLIEST ANGLO-SAXON LAW, THE PROBLEMS THAT PROPONENTS OF THE REFORMATORY AND CORRECTIONS THEORIES HAVE IN PROVING THEIR CASE ARE SURVEYED.
Abstract
HISTORICALLY, PUNISHMENT FOR A CRIME WAS RETRIBUTION TO THE AGGRIEVED INDIVIDUAL, EITHER THROUGH PAYMENT OF MONEY OR PAYMENT BY DEATH. SINCE THE MONEY WAS MORE ATTRACTIVE, THIS WAS GENERALLY THE ALTERNATIVE UNTIL MEDIEVAL TIMES. THEN LABOR BECAME SO CHEAP THAT DEATH WAS CONSIDERED WORTHWHILE AS A WAY OF ELIMINATING UNDESIRABLES. THE HISTORY OF THE PRISON MOVEMENT THROUGH THE ERA OF CHEAP LABOR IN GALLEYS, WORKHOUSES, AND TRANSPORTATION TO THE COLONIES IS SURVEYED. MODERN TIMES HAVE ELIMINATED THE NEED FOR GALLEY SLAVES AND PEOPLE TO SETTLE UNKNOWN WORLDS; INSTEAD PRISONS HAVE BEEN VIEWED AS PLACES OF REHABILITATION AND REFORM. THE BASIS OF THIS IS THE NOTION THAT CRIME RESULTS FROM SIN AND IS FOUNDED ON THE JUDEO-CHRISTIAN TRADITION DERIVED FROM THE TEN COMMANDMENTS. THIS CONCEPT WAS REINFORCED IN AMERICA. THE PURITAN COLONIES WERE RELIGIOUSLY ORIENTED AND SIN WAS EQUATED WITH CRIME; THUS REHABILITATION WAS EQUATED WITH PUNISHMENT. DURING THE 19TH AND 20TH CENTURIES, THIS IDEA GAINED ASCENDENCY, ALTHOUGH THE 'PATHOLOGY OF CRIME,' WHICH PRISONS ARE SUPPOSED TO TREAT, HAS NEVER BEEN PROVED. ANOTHER PROBLEM HAS ARISEN BECAUSE TODAY LEGAL DEFINITIONS OF CRIME OFTEN DO NOT REFLECT THE ENTIRE SENTIMENTS OF THE GROUP. IN A SITUATION IN WHICH CRIMINAL LAW NO LONGER REFLECTS COLLECTIVE MORALITY, DISAFFECTION WITH BOTH PROSECUTION AND PUNISHMENT IS INEVITABLE.