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The Purpose and History of Penitentiaries

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The Purpose and History of Penitentiaries
Vanessa Waller
CJA234
March 30, 2014
Professor Jeffrey Newton

The Purpose and History of Penitentiaries
Development of the penitentiary system came about due to the cruel and unruly way punishment was given to criminal offenders, so more secure ways to house criminals were necessary. Before incarceration became the standard there were various other forms of punishment used in order to curb and deter crime. The Code of Hammurabi, “an eye for an eye,” was believed to be the first law established for dealing with crimes. This retributive punishment led to centuries of cruel and harsh techniques, many of which were just short of torture, for attaining “justice.” However, in time, these methods would be considered inhumane and inadequate in preventing unlawful acts. Eventually, the Walnut Street Jail was founded and would be the first proper American prison institution, with far less severe methods in dealing with offenders. Two different systems came into creation; the Pennsylvania and Auburn systems. But the key consistent factor in these early systems lied in use and profitability of using inmates for prison labor.
In the early eras before prisons were fully established punishment for offenders were unsympathetic and brutal. Sentences of deadly, physical force contributed as the common potency for retaliation. Although fines were occasionally offered, they may have well been obligatory since corporal retribution was the norm. It was the lex talionis doctrine “the law of retaliation” (Schmalleger, 2011) which stated convicted criminals were to be punished and made to suffer, almost duplicating the assault inflicted to their victim, replicating the phrase “an eye for an eye and a tooth for a tooth.” In addition to this chastisement, public flogging and humiliation were also standard practices, but as time passed

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