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Prison Systems. Unit 6. Quick Review. Sentencing:. The imposition of a criminal sanction by a judicial authority. The Five Philosophies of Criminal Sentencing. Retribution Incapacitation Deterrence Rehabilitation Restoration. Prison Systems. Unit 6.1. Early Punishment.

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sentencing

Sentencing:

The imposition of a criminal sanction by a judicial authority.

the five philosophies of criminal sentencing
The Five Philosophies of Criminal Sentencing
  • Retribution
  • Incapacitation
  • Deterrence
  • Rehabilitation
  • Restoration
early punishment

Early Punishment

A. Imprisonment is a relatively new punishment; most early punishments were corporal in nature. (The 90’s are known as the decade of imprisonment.)

1. This form of punishment is consistent with the doctrine of lex talionis.

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Early Punishment

2. Lex Talionis: The law of retaliation often expressed as “an eye for an eye” or “like for like.”

3. The convicted offender was usually sentenced to suffer punishment that closely resembled the original injury (i.e. if blinded another, they would be blinded)

early punishment2

Early Punishment

B. Flogging

1. Historically has been the most widely used physical punishment. It is a painful punishment whose memory might deter repeat offenses.

early punishment3

Early Punishment

B. Flogging

2. Used in England throughout the Middle Ages where offenders would be beaten as they ran through the streets and towns with their hands tied behind their backs.

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Early Punishment

B. Flogging

3. Last officially sanctioned flogging of a criminal offender in the United States happened in Delaware on June 16, 1952 when a burglar received 20 lashes.

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Early Punishment

B. Flogging

4. 1994 flogging of Michael Fay in Singapore led to a rebirth of interest in physical sanctions in America.

caning in singapore
Caning In Singapore
  • The method used to cane Michael Fay
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Early Punishment

B. Flogging

4. In 1995 eight states entertained legislation that would endorse whipping or paddling as a criminal sanction. (None have yet been made into law)

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a. Mississippi – paddling graffiti artist and petty thieves

b. Tennessee – punishing vandals and burglars by public caning on the courthouse steps.

c. New Mexico – caning graffiti artist/vandals

d. Louisiana – ordering parents or correctional officer to spank their children in judicial chambers.

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Early Punishment

5. Types of Whips

a. Russian Knot – was fashioned out of leather a strand with fishhooklike wires attached to the end.

b. Cat-O’-Nine Tails – made of at least nine strands of leather or rope instead of a single strap.

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Early Punishment

C. Mutilation

1. Considered a strategy of specific deterrence.

2. Various societies have amputated the hands of thieves and robbers, blinded spies, and castrated rapist. Blasphemers have had their tongue ripped out, and pickpockets suffered broken fingers.

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Early Punishment

C. Mutilation

3. Some countries in the Arab world, including Saudi Arabia and Iran, still rely upon limited use of mutilation as a penalty.

4. It also creates a general deterrence by providing walking examples to potential offenders.

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Early Punishment

D. Branding

1. A good example of branding could be found in the book, The Scarlet Letter by Nathaniel Hawthorne.

2. Brands were placed either on the forehead or hand of men.

3. Women were not marked but were forced to wear marked clothing.

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Early Punishment

E. Public Humiliation

1. Examples include the Stocks (Sitting, legs detained and head free), the Pillory (Standing, head and hands detained), the Brank, and the Ducking stool.

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Early Punishment

E. Public Humiliation

2. Stocks and Pillory were located in center of town or major roadway leading into town. Citizens would take rotten tomatoes and eggs and throw them at the offenders. They would sometimes substitute rocks causing serious injury to the offender, enough to lead to death.

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Early Punishment

Stocks & Pillory Combination

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Early Punishment

E. Public Humiliation

3. The Brank and ducking stool were used for gossips teaching the offenders to keep a “shut mouth or a still tongue.” The Brank was a birdlike cage worn around the head with a razor-sharp blade inserted into the mouth.

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Early Punishment

E. Public Humiliation

The Ducking stool was a seesaw device that was placed next to a deep body of water. The offender would be placed at the end closest to the water and would be lowered turning nearly upside down underwater.

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Early Punishment

F. Workhouses

1. Were used to instill “habits of the industry” to the unemployed.

2. The first workhouse was opened in Europe in 1557 in a former palace called Saint Bridget’s Well. The facility was later called Bridewell’s

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Early Punishment

F. Workhouses

3. Bridewell taught work habits, not specific skills.

4. They were not designed for punishment or for incarceration, but to reinforce the value of hard work.

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Early Punishment

G. Exile

1. Scapegoat – a practice of ancient Hebrews who periodically sent out a sacrificial lamb carrying the tribes “sins” into the wilderness.

2. French – sent out their criminal offenders to Devil’s Island

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Early Punishment

G. Exile

3. Russia – sent their criminal offenders to Siberia

4. England - sent their criminal offenders to America. After the American Revolution criminal offenders were placed in Hulks. After Captain Cook discovered Australia, criminal offenders were sent there. This was called by the English, “Transportation”