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The history of prison reform
Discipline and punishment as analysed by michel foucault
The history of prison reform
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Change over time; that is a common theme with everything in the world. The concept of punishment is no different in that regard. In the 16th and 17th century the common view for punishing people was retaliation from the king and to be done in the town square. In what seemed to be all of a sudden, there was a change in human thinking, the concept of punishment changed to a more psychological approach compared to a public embarrassment/torture approach. The following paragraphs will discuss the development of prisons and what in fact gives people gives people the right to punish; as well as the overall meaning and function of prisons. The work by Michel Foucault in Discipline and Punish: The Birth of the Prison will help with the arguments at hand.
The first thing to be looked at is the change from a medieval concept of punishment to a more modern concept. What sparked this seemingly sudden change in thinking? Foucault describes how punishment was handled at the very first page of his book. He used an example of Robert-François Damiens, the man who tried to assassinate King Louis XV, and how he was used as a public display to show other towns people what would happen to them is such an act was to be attempted again. This was a specific example of how punishment was used in the form of torture and a public spectacle to embed fear into the minds of the public. A major aspect of punishment was the body, how to torture and be able to display it to the people. The public display was similar to a ceremonial occasion, as if it was a significant get together for the public, very similar to a state fair or a carnival. All of this changed in the coming decades, “disappearance of the tortured, dismembered, amputated body, symbolically brande...
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...medieval punishment style was a sort of vendetta against people who committed crimes because it was believed to be a crime against the crown. Medieval thinking transformed to a more humanitarian thought process by taking the public spectacle aspect of punishment out of the scenario and made it a part of the private sector of punishment. The new way of thinking also brought a social contract aspect to society. So if a person committed a crime it was not against the king or a higher power but the very people the criminal lives with, and they have the right to punish.
Works Cited
Foucault, Michel. "Torture and Punishment." Discipline and Punish: The Birth of the Prison. London: Penguin, 1991. 8+. Print.
Myser, Michael. "The Hard Sell." CNNMoney. Cable News Network, 15 Mar. 2007. Web. 18 Mar. 2014.
"Torture." Merriam-Webster. Merriam-Webster, n.d. Web. 18 Mar. 2014.
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In the early modern era in Europe, public executions were the primary punishment given to members of society who were involved in criminal behavior. This form of punishment served to showcase the absolute power of the state, King and church to take away the life of any citizen who disrupts peace. It was a way to make the criminal justice system visible and effective in an era when the criminal justice system was in its beginning stages of demonstrating orderliness (Spierenburg). More specifically, it was a relatively straightforward and psychological way to evoke deterrence. The potential of gruesome violence, public persecution and religious betrayal were tools thought to be strong enough to make public executions a successful form of deterrence because within the community, social bonds and religion were the foundation of everyday life.... ...
Punishment has been in existence since the early colonial period and has continued throughout history as a method used to deter criminals from committing criminal acts. Philosophers believe that punishment is a necessity in today’s modern society as it is a worldwide response to crime and violence. Friedrich Nietzche’s book “Punishment and Rehabilitation” reiterates that “punishment makes us into who we are; it creates in us a sense of responsibility and the ability to take and release our social obligations” (Blue, Naden, 2001). Immanuel Kant believes that if an individual commits a crime then punishment should be inflicted upon that individual for the crime committed. Cesare Beccaria, also believes that if there is a breach of the law by individuals then that individual should be punished accordingly.
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Criminal Justice has been around since the biblical times. The first documented murder was between Cain and Abel. Although back in the biblical times, it was not recognized as a structured criminal justice system. Major Gade studied at University of Dayton School of Law had stated in his thesis, “Sin and crime were correlative. The law was divine, often with citations to the Bible. The courts were a secular arm of the church. Colonial criminal justice systems reaffirmed the community's religious aim and reflected popular culture”. Justice was handled on a more immoral level, such as, an eye for an eye, hangings, beating, stoning, and repeat offenders would be expelled from the community. These penalties would often lead to a bias resolution for said crimes. Therefore, the outcome not resulting in the true meaning of justice as we know and enforce today. In history, no matter what age the crime was committed, anyone committing a crime would be punished the same. In the middle ages, the justice system changed with fewer severities. As we know now, there is a set limit of age on which a crime is performed. Usually this age would start at age eighteen and up, but there is a discrepancy on certain crimes. In the years to follow adult and adolescent punishments became s...