Why did criminal punishment begin changing again in the early part of the eighteenth century? How did the rise of physical punishment lead to a change in the way offenders were punished, and how has that change affected contemporary punishments of offenders?

Question

What will be an ideal response?

Answer 1

Between the American Revolution and the first decades of the nineteenth century, the populations in Europe and the United States increased rapidly. However, the increased use of machinery meant there was less need for unskilled labor, which meant many workers could not find suitable employment. As the gulf between poor workers and wealthy landowners and merchants widened, the crime rate rose significantly, which prompted a return to physical punishment and the increased use of the death penalty. As an example, in the latter part of the eighteenth century, a full 350 types of crimes were punishable by death. Prompted by the excessive use of physical and capital punishment, legal philosophers argued that physical punishment should be replaced by confinement and incapacitation. Jails and workhouses were used to house petty offenders, but were not meant for more serious offenders. As the criminal population grew, one attempt to house them included keeping prisoners on abandoned ships under degrading conditions. By 1820, incarceration in walled institutions called reformatories or penitentiaries replaced physical punishment. Today, incarceration is still the primary mode of punishment of serious offenses in the United States. In addition to prison, however, community supervision is one available option for less serious offenders, and the death penalty is reserved for the most dangerous criminals.