NCJ Number
45534
Date Published
1978
Length
334 pages
Annotation
THE EVOLUTION AND HISTORICAL DEVELOPMENT OF PUNISHMENT ARE TRACED WITH PARTICULAR REFERENCE TO THE SOCIOLOGICAL AND PSYCHOLOGICAL, AS OPPOSED TO THE LEGALISTIC ASPECTS OF PUNISHMENT.
Abstract
THE AUTHOR DESCRIBES THE ORIGINS OF PUNISHMENT AS ENVIRONMENTAL-RELATED. THE ENVIRONMENT HAS ALWAYS BEEN PUNISHING HUMAN BEINGS, WHICH LED TO RELIGIOUS EXPLANATIONS FOR NATURAL OCCURRENCES. SOCIETY DEVELOPED AND PUNISHMENT GREW WITH IT. SACRED VIEWS OF DEATH ARE DISCUSSED, EMPHASIZING, THE FORMS OF PUNISHMENT WHICH DEVELOPED OUT OF VENGEANCE, WHICH WERE EARLY VERSIONS OF POPULAR JUSTICE. THESE INCLUDED BEHEADING, STONING, HANGING, BREAKING ON THE WHEEL, BURIAL ALIVE AND DROWNING, BURNING, AND QUARTERING AND OTHER FORMS OF MUTILATION. THESE FORMS OF PUNISHMENT ARE INDETERMINATE AND NOT INTENDED TO DETER CRIME, BUT TO PUNISH EVIL. THE OBEDIENCE AND RECIPROCITY MODELS OF PUNISHMENT ARE THEN EXPLORED: OBEDIENCE BEING WITHIN THE FAMILY, (BETWEEN HUSBAND, WIFE, CHILDREN AND SLAVES) AND, RECIPROCITY DEALING WITH FEUDS. RECIPROCITY IS THE FOUNDATION OF RETRIBUTION AND RETRIBUTIVE PHILOSOPHY. THE PUNISHMENT OF THE INQUISITION AND OTHER RELIGIOUS MOVEMENTS INCLUDED IMPRISONMENT FLAGELLATION, THE DUCKING STOOL, THE SCOLD'S BRIDE, AND PENANCE. THE AUTHOR DESCRIBES FORMS OF PUNISHMENT (INCLUDING ECONOMIC) FROM THE TIMES OF THE GREEKS AND ROMANS, THROUGH CHARLEMAGNE AND THE TUDORS, UP TO THE PERIOD OF PUBLIC EXECUTIONS AND HANGINGS ON THE GALLOWS. DURING THE EIGHTEENTH CENTURY, THE UTILITARIANS, MAINLY JEREMY BENTHAM, LED A GREAT REFORM PROCESS. THESE REFORMS INCLUDED THE ELIMINATION OF UNNECESSARY CRUELTY; MANDATE OF PUNISHMENT PROPORTIONAL TO THE CRIME AND CELERITY OF PUNISHMENT; ENFORCEMENT, DISCRETION AND SPECIFICATION OF THE LAW; BOUNDARIES OF THE LAW AND PENOLOGICAL THEORY. THE UTILITARIANS APPROACHED THIS FROM A PSYCHOLOGICAL POINT OF VIEW -- THAT ONE TRIES TO AVOID PAIN. THE REFORMATION PERIOD IS DISCUSSED, WHICH INCLUDED REFORM IN PRISON ARCHITECTURE AND A GREAT REDUCTION ON THE NUMBER OF OFFENSES PUNISHABLE BY DEATH. EARLY AMERICAN INNOVATIONS IN CRIMINAL PUNISHMENT ARE DESCRIBED. THREE PRINCIPLES OF PUNISHMENT ARE DETAILED: (1) RETRIBUTION -- PUNISHMENT FOR A WRONGFUL ACT; (2) UTILITARIANISM - OBEDIENCE AND PUNISHMENT TO PREVENT FUTURE OFFENSES; AND (3) SOCIAL DEFENSE -- REPRESSION OF CRIME AND TREATMENT OF OFFENDERS TO PROTECT SOCIETY. THE AUTHOR THEN EXPLAINS THE PSYCHOLOGICAL ELEMENTS BEHIND PUNISHMENT DETERRENCE. THESE INCLUDE THE SEVERITY, CERTAINTY, AND DELAY OF PUNISHMENT, AND THEIR EFFECT ON THE OFFENDER. IN CONCLUSION, THE AUTHOR CLAIMS THAT HUMANS ARE ALL PUNISHERS AND PUNISHEES -- EVERYONE PUNISHES AND IN TURN IS PUNISHED. SWEEPING PENOLOGICAL REFORM MAY IGNORE THE NECESSARY PSYCHOLOGICAL ROOTS OF JUSTICE AND PUNISHMENT. ILLUSTRATIONS, NOTES, AND TABULAR DATA ARE PROVIDED. (BAC)