PART I: HISTORICAL PERSPECTIVES

i Instructor’s Manual for Corrections in America An Introduction Fifteenth Edition Harry E. Allen, Ph.D.Edward J. Latessa, Ph.D.Bruce S. Ponder 1 / 4

iii Contents Chapters

PART I: HISTORICAL PERSPECTIVES

• Early History (2000 B.C. to A.D. 1800) 1
• Prisons (1800 to the Present) 8

3 Correctional Ideologies: The Pendulum Swings 14

• The Sentencing and Appeals Process 20

PART II: ALTERNATIVES TO IMPRISONMENT

• Probation 26
• Diversion and Intermediate Sanctions 33

PART III: INSTITUTIONAL CORRECTIONS

• Custody Functions 40
• Security Threat Groups and Prison Gangs 48
• Management and Treatment Functions 53

10 Jails and Detention Facilities 59 11 Prison Systems 66 12 Private-Sector Systems 72 13 The Death Penalty 79 14 Parole and Reentry 85

PART IV: CORRECTIONAL CLIENTS

15 Appeals and Offender Rights 93 16 Male Offenders 103 17 Female Offenders 109 18 Juvenile Offenders and Facilities 116 19 Special-Category Offenders 127 2 / 4

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CHAPTER 1

EARLY HISTORY (2000 B.C. TO A.D. 1800)

CHAPTER OVERVIEW

• A crucial question in corrections is, “Who are offenders and what shall we do with them?” Part 1 deals with the process by which punishment originated as a private matter between an offending party and the victim but later came to be an official state function. Significant changes over time are examined, starting with 2000 B.C. and continuing through contemporary efforts to construct places of punishment and reform. Behind each of the four major answers to the crucial question lay assumptions about the nature of offenders and what to do with them.Part 1 details these perceptions, assumptions, and answers, as well as corresponding correctional practices and fads that have emerged during the last 4,000 years.

CHAPTER OBJECTIVES

• Summarize the definition, mission, and role of corrections.• Summarize early responses to crime prior to the development of prisons.• Describe how secular law emerged.• Summarize sentencing goals and primary punishment philosophies from 1800 to present.• Outline the development of the prison.

LECTURE OUTLINE

• What is the Role of Corrections?

• Significant changes since 2000 B.C.
• Currently, the role of corrections is to punish serious offenders,

rehabilitate criminals, ensure public safety, and prepare offenders for return to society as law-abiding citizens • Redress of Wrongs

• Retaliation

▪ The earliest remedy for wrongs done to one’s person or property was to retaliate against the wrongdoer.

• Fines and Punishment

▪ Criminal law requires an element of public action against the wrongdoer • Early Codes

• Babylonian and Sumerian Codes

▪ The concept of lex talionis is far older than the Bible; it appears in the Sumerian codes (1860 B.C.) and in the 1750 B.C. code of King Hammurabi of Babylon ▪ While most historians view the Hammurabic Code as the first comprehensive attempt at codifying social interaction, the Sumerian codes preceded it by about a century

• Crime and Sin 3 / 4

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▪ If society believed the crime might have offended a divinity, the accused had to undergo a long period of progressively harsher punishment to appease the gods.▪ Offenders had to “get right with God.”

• Roman and Greek Codes

▪ In the sixth century A.D., Emperor Justinian of Rome wrote his code of laws, one of the most ambitious early efforts to match a desirable amount of punishment with all possible crimes.▪ The Greeks were the first society to allow any of their citizens to prosecute an offender in the name of the injured party.

• The Middle Ages

▪ The Middle Ages was a long period of general social disorder.▪ The church expanded the concept of crime to include some new areas, still reflected in modern codes.▪ The zealous movement to stamp out heresy brought on the Inquisition and its use of the most vicious tortures imaginable to gain “confessions” and “repentance” from alleged heretics.▪ The main contribution of the medieval church to our study of corrections is the concept of free will.• Punishment

• Capital and Corporal Punishment

▪ The most common forms of state punishment over the centuries have been death, torture, mutilation, branding, public humiliation, fines, forfeiture of property, banishment, imprisonment, and transportation.▪ Torture, mutilation, and branding fall in the general category of corporal punishment (any physical pain inflicted short of death).▪ The public humiliation of offenders was a popular practice in early America, utilizing such devices as the stocks, the pillory, ducking stools, the brank, and branding.

• Deterrence

▪ The extensive use of capital and corporal punishment during the Middle Ages reflected, in part, a belief that public punishment would deter potential wrongdoers.▪ In more recent years, deterrence has been reconceived as general and specific deterrence.

• Emergence of Secular Law

▪ In the early fourteenth century, many scholars advocated the independence of the monarchy from the pope.▪ The early background of law and punishment points up the significance of social revenge as a justification for individual or societal punishment against an offender.

• Early Prisons

▪ Some form of detention for offenders, whether temporary or permanent, has been a social institution from the earliest times.▪ The only early Roman place of confinement we know much about

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