PENAL PRACTICE IN AMERICA (FROM INTRODUCTION TO CORRECTIONS - SELECTED READINGS, 1978, BY GEORGE G KILLINGER AND PAUL F CROMWELL, JR - SEE NCJ-47802)

• NCJ Number: 47803
• Author(s): S L BARNES
• Date Published: 1978
• Length: 29 pages
• Corporate Author: West Publishing Co
• Publication Format: Document
• Publication Type: Historical Overview
• Language: English
• Country: United States of America
• Note: EXTRACT FROM 'EVOLUTIONARY IMPLICATIONS OF LEGALIZED PUNISHMENT,' CRIMINAL JUSTICE MONOGRAPH, V 5, N 3 (1974)

Annotation

THE ROLES OF RETRIBUTIVIST AND UTILITARIAN DOCTRINES IN GOVERNING THE HANDLING OF OFFENDERS IN THE PAST AND IN DETERMINING THE PENAL PRACTICES OF THE FUTURE ARE EXAMINED.

Abstract

THE DISCUSSION FOCUSES ON THE MAJOR TRENDS, PERSONS, ORGANIZATIONS, AND PRACTICES THAT HAVE SHAPED THE COURSE OF PENAL PRACTICES IN THE UNITED STATES. THE HISTORICAL REVIEW COVERS THE FOLLOWING PERIODS: THE COLONIAL PERIOD (1682-1790); THE EARLY AMERICAN PERIOD (1790-1830); THE AUBURN AND PENNSYLVANIA ERA (1830-1870); THE REFORMATORY ERA (1870-1900); THE INDUSTRIAL PRISON PERIOD (1900-1935); AND THE CASEWORK PRISON PERIOD (1935-1970). THE HISTORY OF PENOLOGY IN THE UNITED STATES REFLECTS A MIXTURE OF CONFLICTING MOTIVES: HUMANITARIANISM AND THE DESIRE TO REAP UTILITARIAN BENEFITS FROM ITS APPLICATION TO PENAL TECHNIQUES; REVENGE; AND THE NOTION THAT PUNISHMENT REFORMS THE CRIMINAL. PENOLOGY'S OVERRIDING EMPHASIS ON SECURITY AND CUSTODY IS THE LOGICAL RESULT OF THE DOMINANCE OF THE MOTIVE OF REVENGE (RETRIBUTION), WHICH HAS BEEN TRANSLATED INTO CORRECTIONAL POLICIES. RETRIBUTION HAS IMPEDED PENAL PRACTICE THROUGHOUT HISTORY AND HAS NO PLACE IN THE FUTURE. SIGNS THAT RETRIBUTION IS ON THE DECLINE INCLUDE EMPHASIS ON REINTEGRATION, DIVERSION, AND COMMUNITY INVOLVEMENT. HOWEVER, HISTORY SUGGESTS THAT TENDENCIES TO RUSH INTO REFORMS MUST BE TEMPERED BY SOUND JUDGMENT AND EMPIRICAL DATA DERIVED FROM RESEARCH. (LKM)