CRIM 241 Chapter Notes - Chapter 1: Bloody Code, Montesquieu, Restorative Justice

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Crim 241:
Chapter 1 Perspectives on Crime and Punishment
Correctional Change
- Correctional Change has occurred when
1) The severity of punishment of offender has been modified.
2) Explanations of criminal behaviour change.
3) New structural arrangements (penitentiary) established in order to sanction
offenders.
4) Number or portion of offenders involved in the correctional process changes.
- Prisons were designed primarily to control people who were perceived to be a threat by
the emerging capitalist system of Europe. Isolation and Punishment, not to be humane
The Early Days
- Before states and laws, personal retaliation was the primary response to criminal
behaviour.
o Later tured ito the lood feud viti’s failies atteptig to avenge
themselves
- Middle Ages: punishment, death penalty and corporal punishment (exile and fines)
o Only held in prison to await your trail aka death
- Ecclesiastical prisons run by the catholic church existed as early as 6th century and were
common by the 9th century.
- Catholic church used prison as punishment
- Courts used the death pealt to get rid of the fear of the dagerous lass see  the
middle class
- Bloody Code more than 350 offences were punishable by death
- Imprisonment was to maintain social order.
- John Howard wanted to make a change and segregate women from men and make it a
better place for the prisoners
Perspectives on Crime, Offenders and Punishment
- Explanations of crime and response are influenced by social, political, religious,
economic and demographic factors.
The Classical (Conservative) School
- 18th century: Age of Enlightenment
- Big transition from corporal punishment to imprisonment
- Classical School of punishment and correction was led by: Montesquieu, Voltaire, Cesare
Beccaria, and Jeremy Bentham
- They believed that offenders exercised free will and criminal behaviour as a result of
rational choice and that punishment must be swift, certain and severe.
- Offeders egaged i hedoisti alulus: aiizig pleasure ad iiizig pai.
- Offender was responsible for his or her crime
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Document Summary

Chapter 1 perspectives on crime and punishment. Prisons were designed primarily to control people who were perceived to be a threat by the emerging capitalist system of europe. Before states and laws, personal retaliation was the primary response to criminal behaviour: later tur(cid:374)ed i(cid:374)to the (cid:862)(cid:271)lood feud(cid:863) vi(cid:272)ti(cid:373)"s fa(cid:373)ilies atte(cid:373)pti(cid:374)g to avenge themselves. Middle ages: punishment, death penalty and corporal punishment (exile and fines: only held in prison to await your trail aka death. Ecclesiastical prisons run by the catholic church existed as early as 6th century and were common by the 9th century. Courts used the death pe(cid:374)alt(cid:455) to get rid of the fear of the (cid:862)da(cid:374)gerous (cid:272)lass(cid:863) see(cid:374) (cid:271)(cid:455) the middle class. Bloody code more than 350 offences were punishable by death. John howard wanted to make a change and segregate women from men and make it a better place for the prisoners. Explanations of crime and response are influenced by social, political, religious, economic and demographic factors.

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