NCJ Number
46970
Date Published
1977
Length
22 pages
Annotation
THE ORIGINS AND IMPACT OF THE ENGLISH SYSTEM OF TRANSPORTATION OF CRIMINALS ARE ANALYZED, AND THE SYSTEM'S SUCCESS IS EVALUATED WITH A VIEW TOWARD CONTEMPORARY APPLICATION.
Abstract
CRIME CONTROL IN ENGLISH SOCIETY HAD ITS ROOTS IN THE ANGLO-SAXON FRANKPLEDGE SYSTEM, WHICH CONSISTED OF VOLUNTARY, PERSONAL ASSOCIATIONS OF FAMILIES OR NEIGHBORS FORMING UNITS THAT PLEDGED SURETY FOR THE GOOD BEHAVIOR OF EACH. PEACE BREAKERS WERE OSTRACIZED AND EXPELLED FROM THE ASSOCIATION'S NEIGHBORHOOD. THE TUDOR REIGNS BROUGHT ABOUT DRASTIC CHANGES IN ENGLISH SOCIETY. THE POPULATION GREW AND MIGRATED TO THE CITIES. THE EXPANDED, UNPRODUCTIVE POPULATION OF LONDON PRODUCED A CRIME EXPLOSION. CITIZENS USE TO THE ANGLO-SAXON CONCEPTS OF EXCLUSION OF FELONS BY EXILE OR OUTLAWRY WOULD NOT TOLERATE THE RETURN OF CRIMINALS TO SOCIETY. THE SYSTEM OF TRANSPORTATION OF CRIMINALS ORIGINATED IN THIS ERA. BEGGARS, FELONS, THEN LATER PRISONERS OF WAR AND OTHER POLITICAL PRISONERS WERE TRANSPORTED TO AMERICA, AS SLAVES TO THE WEST INDIES, AND, AFTER THE AMERICAN REVOLUTION, TO AUSTRALIA. SUPPORTERS OF TRANSPORTATION, INCLUDING MANY 18TH CENTURY WRITERS ON CRIME AND PUNISHMENT, FOUND IT TO BE CONSISTENT WITH THE GENERAL LEGAL POSITION BASED UPON RETRIBUTION. ITS PRIMARY OPPONENTS WERE THE UTILITARIANS, WHO ADVOCATED A PRISON SYSTEM WITH THE AIM OF REFORMING THE CRIMINAL AND RETURNING HIM OR HER TO SOCIETY AS A GOOD CITIZEN. THEY CONSIDERED TRANSPORTATION A BAD PUNISHMENT BECAUSE IT HAD AN UNEQUAL EFFECT DEPENDING ON THE OFFENDER'S AGE, SEX, AND FAMILY TIES. IN ADDITION, IF THE CRIMINAL WAS REFORMED, HE WAS NOT READMITTED TO ENGLISH SOCIETY, AND LITTLE IMPRESSION WAS MADE ON THE PEOPLE AT HOME AS A DETERRENT TO THEIR COMMITING CRIMES. THIS FEELING GREW, AND EVENTUALLY A SYSTEM OF PRISONS AND A LARGE CRIMINAL JUSTICE BUREAUCRACY REPLACED TRANSPORTATION. THE PRISON SYSTEM HAS HAD STRONG OPPOSITION AS WELL. SOME THEORISTS HAVE FOUND THAT PRISONS WERE FOUNDED ON FALSE CONCEPTS OF EDUCATION OR REFORMATION. IN ADDITION, INSTEAD OF BEING EXPELLED FROM SOCIETY, CRIMINALS ENTAIL GREAT EXPENSE TO CITIZENS. IT IS CONCLUDED THAT ALTERNATIVE FORMS OF DEALING WITH CRIMINALS ARE NECESSARY, AS IT IS GENERALLY RECOGNIZED THAT THE SYSTEM OF PRISONS HAS NOT ACHIEVED THE GOALS OF CITIZENS, WHILE COSTING THEM LARGE AMOUNTS IN TAXES TO MAINTAIN. AT THE SAME TIME, THE OPERATION OF THE CRIMINAL JUSTICE SYSTEM BY THE GOVERNMENT, AN INTRUSION INTO COMMON LAW CUSTOMS, HAS BEEN SHOWN TO BE TOTALLY INEFFECTIVE. THE HISTORICAL EXAMPLES OF TRANSPORTATION PROVIDE A STRONG POSITIVE SUPPORT FOR THAT SYSTEM; THE SOUNDNESS OF THE TRANSPORTATION SYSTEM IS DISCUSSED IN TERMS OF ECONOMIC THEORY. IT IS CONCLUDED THAT THE TRANSPORTATION OF CRIMINALS AND THEIR PERMANENT EXCLUSION FROM ESTABLISHED SOCIETIES WOULD BE AN EFFECTIVE SOLUTION TO THE NECESSITIES OF PUNISHMENT AND OF FINDING A MODERN APPROACH TO THE CRIMINAL JUSTICE SYSTEM LEFT OVER FROM THE 19TH CENTURY. (VDA)