NCJ Number
101735
Journal
Correctional OPTIONS Volume: 4, 1984
Date Published
1984
Length
10 pages
Annotation
The penal system that existed in Upper Canada prior to the introduction of the first penitentiary in 1835 had many significant advantages over the penitentiary, particularly the avoidance of the penitentiary's structured inhumanity, the lengthening periods of incarceration, and the creation of a genuine criminal class.
Abstract
Research by Rothman, Ignatieff, and others showed how the penitentiary represented a break from the previous penal approach. However, the previous system may have been more effective than commonly thought. In addition, the penitentiary created problems that were recognized as early as 1837. Jails before 1835 were only one component of a larger system that included fines, whipping, the pillory, and banishment. The jails were used for very brief periods of incarceration, and judges had much discretion in imposing and modifying penalties based on individual circumstances. Imprisonment even for a brief period was considered a severe punishment, due to the poor conditions in the jails and the financial hardship produced for the prisoners' families. However, the jails were informal institutions that lacked regimentation and were open to public scrutiny. In addition, decisions regarding incarceration showed a close relationship to the human concerns of the local community. The poor conditions clearly needed reform, but the penitentiary introduced other serious problems in the handling of offenders. Illustrations and 31 reference notes.