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John Howard's Prison Reform Advocacy

The document outlines the medieval concept of punishing offenders, detailing various corporal punishment methods such as flogging, branding, mutilation, and public humiliation devices. It contrasts ancient and contemporary forms of punishment, emphasizing the evolution towards imprisonment, parole, and probation, while discussing the justification of punishment through retribution, deterrence, and reformation. Additionally, it highlights influential figures in correctional reform and their contributions to modern penal systems.

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12 views10 pages

John Howard's Prison Reform Advocacy

The document outlines the medieval concept of punishing offenders, detailing various corporal punishment methods such as flogging, branding, mutilation, and public humiliation devices. It contrasts ancient and contemporary forms of punishment, emphasizing the evolution towards imprisonment, parole, and probation, while discussing the justification of punishment through retribution, deterrence, and reformation. Additionally, it highlights influential figures in correctional reform and their contributions to modern penal systems.

Uploaded by

nisonoah2
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© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
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Lesson 2

MEDIEVAL CONCEPT OF TREATING OFFENDERS

A – Corporal Punishment:
1. Flogging – the most popular method of punishing crimes and has been almost universally
used to preserve family, domestic, military, and academic discipline.
- whipping or lashing is the act of beating the human body with special
implements such as whips, lashes, rods, switches.

2. Branding – common in England but abolished in 1829. Human


branding or stigmatizing is the process by which a mark, usually a symbol or
ornamental pattern, is burned into the skin of a living person, with the intention
that the resulting scar makes it permanent. This is performed using a hot or very
cold branding iron.
3. Mutilation – early utilized in conviction with the “lex talioses” (literally, the law a of
retaliation). Mutilation or maiming is the cutting off or causing injury to a body
part of a person so that the part of the body is permanently damaged, detached
or disfigured.

4. Stock and pillory – employed in early modern times, but abolished in 1837 because its
operation was directly psychological as they exposed the culprit to
public scorn. The pillory is a device made of a wooden or metal
framework erected on a post, with holes for securing the head and
hands, formerly used for punishment by public humiliation and often
further physical abuse.

B – Other methods:
1. Confinement of the iron bars;
2. Chairing the prisoners together at work or in a cage wagon;
3. Ducking stool; were chairs formerly used for punishment of disorderly
women, scolds (people accused of being troublesome and angry and who
habitually chastised, argued and quarrelled with their neighbours) and dishonest
tradesmen in England, Scotland.
-The ducking-stool was a strongly made wooden armchair (the surviving
specimens are of oak) in which the offender was seated, an iron band being
placed around her so that she should not fall out during her immersion.

4. Brank and gag;


Sometimes called a witch's bridle, a brank's bridle, or simply branks, was an instrument of
punishment, as a form of torture and public humiliation. The device was an iron muzzle in an
iron framework that enclosed the head (although some bridles were masks that depicted
suffering). A bridle-bit (or curb-plate), about 2 in × 1 in (5.1 cm × 2.5 cm) in size, was slid into
the mouth and either pressed down on top of the tongue as a compress or used to raise the
tongue to lie flat on the wearer's palate. This prevented speaking and resulted in many
unpleasant side effects for the wearer, including excessive salivation and fatigue in the mouth.
Two Major Goals of Punishment Commented [a1]:

1. The infliction of deserved suffering on evil doers and prevention of crime.


2. Prevention of crime is future oriented.

Ancient Forms of punishment


1. Death penalty - Early form of punishment which was carried out by hanging, immersing ins
boiling water, burning and feeding to wild animals, in the Philippines it is still
practiced by means of Lethal injection.
2. Physical torture/corporal punishment
3. Social degradation/maiming - to inflict a serious bodily injury, including mutilation or any
harm which limits the victim's ability to function physically
4. Banishment/exile/destierro - An early form of penalty wherein the convicted offender is
transferred to another place and cannot return a procedure similar to exile

Contemporary Forms of Punishment


1. Imprisonment - the act of confining someone in a prison
2. Parole - It is a conditional release after the prisoner has served the minimum sentence of
imprisonment imposed by law. Or release of an incarcerated offender to supervision prior to
expiration of a maximum term.
3. Probation- It is a disposition under which the defendant after conviction and sentence is
released subject to the conditions imposed by the court and the supervision of a probation
officer.

Justification of Punishment
1. Retribution – carried out in the form of personal vengeance, thus giving rise to “an eye for
an eye” philosophy.
2. Expiation or atonement – in the forms of group vengeance
3. Deterrence/Exemplarity – gives lesson to the offender and would be offenders.
4. Protection – placing offenders in correctional institutions/prisons to safeguard the society
from further criminal depredations.
5. Reformation – directed towards helping the prisoners to become a law-abiding citizen and
to be productive upon the return to the community by requiring them undergo an intensive
rehabilitation program.

PERSONS GREATLY INFLUENCED CORRECTION


 William Peru – the first leader to prescribe imprisonment as a correction treatment for
major offender.

 William Penn – initiated the abolishment of corporal punishment and death penalty at
Pennsylvania, USA, except for first degree murder.

 James Bennett – Director of Federal Bureau of Prison who wrote about closing the
Alcatraz Prison.

.
 Cesare Beccaria – Published his essay on “Crime and Punishment” in 1764 which was
his greatest contribution to penal law, formulating the philosophy of the classical school.

 Jeremy Bentham – Further developed the philosophy of classical school with his
hedonistic calculus. Both Beccaria and Bentham believed in the doctrine of freewill.
 John Howard – visited various prison camps when he became a high sheriff of
Bedfordshire, London, England in 1773 and was able to recommend prison reforms in
his book published in 1777 entitled “ The State of Prisons in England and Wales “, that’s
why he was considered as the Great English Prison Reformist.

Recommendations made by John Howard

a) single cell for sleeping


b) segregation of woman
c) segregation of youth from adult offenders
d) provision of facilities for sanitation
e) abolition of the fee system

 Manuel Montesimos – Director of Prison at Valencia, Spain in 1835 who divided


prisoners into companies and appointed them as petty officers; also ,he allowed the
reduction of inmate’s sentence by 1/3 for good behavior.

 Capt. Alexander Maconochie – He introduce the Progressive Human System when


he was the Supt. Of the penal colony at Norfolk Island, Australia in 1840; this system
was a.k.a. “Mark System”, where a prisoner was required to earn a number of marks
based on proper demeanor, labor, and study in order to entitle him to a ticket of leave
or conditional release which is similar to parole; he also introduced other progressive
measures such as fair disciplinary trials, building churches, distributing books and
permitting prisoners to tend small gardens.
5 stages of Macanochie’s Mark System
a) strict custody upon admission to penal colony
b) work on gov’t crews
c) limited freedom on the island within a prescribe area
d) ticket to leave
e) full restoration of liberty

 Dometz of France – in 1839 he established an agricultural colonies for delinquent boys


and provided house father as in charge, also he concentrated on boys reeducation
where the boys were placed under the supervision of a patron.

 PETER RENTZEL - He established a work house in Hamburg at his own (1669)


because he had observed that thieves and prostitutes were made worse of better by
pillory and he hoped that they might improved by work and religious instruction in a
workhouse.

 Sir Walter Crofton – The [Link] Irish Prison in 1854 who introduced the Irish System
which was later on called the Progressive Stage System.
4 Stages of Irish System
a) Solitary confinement of prisoners for 9 mos., receiving reduced diet and
monotony work, that gradually progressing to a better treatment toward the end of the
first stage.
b) Assignment to public works in association with other convicts.
c) Sending to a place which was a sort of preparation for release, where the
prisoner worked without custodial supervision and exposing him to ordinary temptations
of freedom; and
d) Release of the prisoner on supervision under conditions equivalent to parole.

 Zebulon Brockway – Became a Supt. of Elmira Reformatory in 1876 at New York,


USA. Who introduced a new institutional program for boys aged 16 – 30 years old. This
was popularly known as Grade System.

3 Stages of Grade System


a) A new prisoner was classified as second grade;
b) Promoted to the first grade after 6 mos. of good behavior;
c) Another 6 mos. of good behavior in the 1st grade would qualify him for parole.
However, he would be demoted to 3rd grade if he committed misconduct where he was
required to show good behavior for 1st mo. before he could be classified to 2nd grade.

 Sir Evelen Ruggles Brise – The Dir. of English Prison who opened the Borstal
Institution after visiting Elmira Reformatory in 1897; such Borstal Institution was
considered today as the best reform institution for young offenders, where the system
was entirely based on individualized treatment.
 Dr. Samuel Gridley Howe of Boston - was the first man to use the word “Parole”.

Common questions

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The reforms by John Howard and Zebulon Brockway embody an evolving philosophy that shifts focus from punitive measures to rehabilitation and reform. Howard's recommendations sought to create more humane prison conditions, emphasizing sanitation and inmate well-being. Brockway, at Elmira Reformatory, introduced the 'Grade System' to promote moral and behavioral improvement among inmates through a structured progression of rewards for good conduct. These reforms marked a departure from punitive practices to a model encouraging rehabilitation and reintegration, influencing the modern penal system's emphasis on education and rehabilitation .

Captain Alexander Maconochie introduced the 'Mark System' while he was Superintendent of the penal colony at Norfolk Island, which required prisoners to earn marks through good behavior, labor, and study to gain conditional release, akin to parole. This system encouraged self-improvement and discipline. Sir Walter Crofton implemented the 'Irish System', encompassing solitary confinement, public work assignments, transitional preparation for release, and supervised release, closely resembling modern parole. Both systems introduced graduated incentives, encouraging reform and eventual reintegration into society .

Punishment evolved from harsh medieval practices such as corporal punishment, branding, and public humiliation to more structured and rehabilitative forms in contemporary times, like imprisonment, parole, and probation. Medieval corporal punishment aimed to inflict suffering and deter crime through physical pain and public shame. In contrast, contemporary practices focus on rehabilitation and reintegration into society, with imprisonment providing structured confinement and parole offering conditional supervised freedom. Probation allows offenders to serve their sentence in the community under supervision, reflecting a shift towards rehabilitation and prevention of future offenses .

William Penn significantly influenced punishment reform in Pennsylvania by initiating the abolishment of corporal punishment and the death penalty, except for first-degree murder. His actions reflected a shift towards more humane and rehabilitative justice practices, emphasizing reform and prevention over retribution .

The primary methods of corporal punishment during the medieval era included flogging, branding, mutilation, and public humiliation devices such as the stock and pillory. Flogging entailed beating the human body with implements like whips or rods to enforce discipline and deter crime. Branding involved burning a mark into the skin to permanently stigmatize the offender. Mutilation was based on 'lex talionis' or the law of retaliation, involving the cutting off or damaging of a body part. Stock and pillory exposed culprits to public scorn and physical abuse, aiming to psychologically punish and shame the offender .

Cesare Beccaria and Jeremy Bentham made significant contributions to the philosophy of punishment through the classical school of thought. Beccaria, in his essay 'On Crimes and Punishments' published in 1764, argued against harsh and disproportionate punishments, advocating for a legal system where punishments were reasonable and just. Bentham further developed this philosophy with his hedonistic calculus, proposing that the pain induced by punishment should outweigh the pleasure of the crime, thus deterring potential offenders. Both advocated for the doctrine of free will, suggesting that people could be deterred by the potential consequences of their actions .

Ancient death penalty methods involved brutal practices such as hanging, immersing in boiling water, burning, and feeding to wild animals. In contrast, modern capital punishment in the Philippines utilizes a more humane method, lethal injection, reflecting a significant evolution from public spectacle executions to more private and regulated procedures aimed at minimizing physical suffering while retaining the deterrent effect .

Manuel Montesinos served as the Director of Prison at Valencia, Spain in 1835 and introduced progressive reforms by dividing prisoners into companies with appointed petty officers, and allowing a reduction in sentences by a third for good behavior. This system incentivized discipline and good conduct among inmates, a distinctive approach aimed at promoting rehabilitation through structured inmate hierarchy and behavior-based rewards, paving the way for reforms in contemporary penal systems .

John Howard's major recommendations for prison reform included single cells for sleeping, segregation of women and youth offenders from adult males, provision of sanitation facilities, and the abolition of the fee system. These reforms aimed to improve the conditions within prisons by ensuring cleanliness, reducing overcrowding, and protecting vulnerable populations, thereby fostering a more humane and structured environment conducive to rehabilitation .

The significance of Sir Evelyn Ruggles Brise's initiative in opening the Borstal Institution lies in its pioneering role in juvenile justice reform. The institution aimed to provide individualized treatment for young offenders, focusing on rehabilitation rather than punishment. It adopted an innovative approach that combined education, vocational training, and discipline with the goal of reintegrating young offenders into society as productive citizens. This model laid the groundwork for modern youth reform systems worldwide .

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