Act of Parliament | |
Long title | An Act to explain and amend the Laws relating to the Transportation, Imprisonment and other Punishment of certain Offenders. |
---|---|
Citation | 19 Geo. 3. c. 74 |
Dates | |
Royal assent | 30 June 1779 |
Repealed | 21 August 1871 |
Other legislation | |
Amended by | |
Repealed by | Statute Law Revision Act 1871 |
Status: Repealed | |
Text of statute as originally enacted |
The Penitentiary Act (19 Geo. 3. c. 74) [1] was a British Act of Parliament passed in 1779 which introduced a policy of state prisons for the first time. The Act was drafted by the prison reformer John Howard and the jurist William Blackstone and recommended imprisonment as an alternative sentence to death or transportation. [2]
The prison population in England and Wales had swollen following the initial fighting in the American Rebellion and the government's attendant decision, by the Criminal Law Act 1776 (16 Geo. 3. c. 43), to temporarily halt use of the American Colonies as the standard destination for transported criminals. [3] As early as 1777, Howard had produced a report to a House of Commons select committee which identified appalling conditions in most of the prisons he had inspected.
While the purpose of the Act had been to create a network of state-operated prisons, and despite its passage through Parliament, the act resulted only in considerable study of methods, alternatives and possible locations; no prisons would be built as a direct result of the act, [1] although the prison network and alternatives would be created over time.
Jeremy Bentham in his panopticon [4] footnotes that:
"In showing that absolute solitude is not an essential part, nor indeed any part of the penitentiary system, I had forgot the original Penitentiary Act, 19 Geo. III. c. 74; solitude extends neither to 'labour,' not 'devotion,' not 'meal,' nor 'airing.'"
Bentham denoted that differences of law are to different corresponding sets of powers and duties; in his Panoptican he wrote this part and referred again to this act:
"To join interest with duty, and that by the strongest cement that can be found, is the object to which they point. To join interest with duty, is the object avowed to be aimed at by the act. The emolument of the governor is to be proportioned in a certain way to the success of the management. Why? that it may be 'his interest' to make a successful business of it, 'as well as his duty.' [lower-alpha 1] " [5]
- ↑ 19 Geo. III. ch. 74. § 18.
This plan was adopted by Jeremy Bentham as particular to prisons, poorhouses, lazarettos, houses of industry, manufactories, hospitals, workhouses, madhouses, and schools. A series of letters written in the year 1787, from Crecheff in White Russia to a friend in England, [6] is also elaborate to the Liberal ground of that time. His Pathoscopic (sensitive-faculty-regarding) Pneumatology (spirit-regarding or mind-regarding) is divided into Ergastic (work-producing) and Anergastic (no-work-producing), which this branch is regarded in Ethics. [7]
Jeremy Bentham was an English philosopher, jurist, and social reformer regarded as the founder of modern utilitarianism.
The panopticon is a design of institutional building with an inbuilt system of control, originated by the English philosopher and social theorist Jeremy Bentham in the 18th century. The concept is to allow all prisoners of an institution to be observed by a single corrections officer, without the inmates knowing whether or not they are being watched.
Penal transportation was the relocation of convicted criminals, or other persons regarded as undesirable, to a distant place, often a colony, for a specified term; later, specifically established penal colonies became their destination. While the prisoners may have been released once the sentences were served, they generally did not have the resources to return home.
Brigadier General Sir Samuel Bentham was an English mechanical engineer and naval architect credited with numerous innovations, particularly related to naval architecture, including weapons. He was the only surviving sibling of philosopher Jeremy Bentham, with whom he had a close bond.
His Majesty's Prison Service (HMPS) is a part of HM Prison and Probation Service, which is the part of His Majesty's Government charged with managing most of the prisons within England and Wales.
Discipline and Punish: The Birth of the Prison is a 1975 book by French philosopher Michel Foucault. It is an analysis of the social and theoretical mechanisms behind the changes that occurred in Western penal systems during the modern age based on historical documents from France. Foucault argues that prison did not become the principal form of punishment just because of the humanitarian concerns of reformists. He traces the cultural shifts that led to the predominance of prison via the body and power. Prison is used by the "disciplines" – new technological powers that can also be found, according to Foucault, in places such as schools, hospitals, and military barracks.
Prison reform is the attempt to improve conditions inside prisons, improve the effectiveness of a penal system, reduce recidivism or implement alternatives to incarceration. It also focuses on ensuring the reinstatement of those whose lives are impacted by crimes.
Alexander Maconochie was a Scottish naval officer, geographer and penal reformer.
Penal labour is a term for various kinds of forced labour that prisoners are required to perform, typically manual labour. The work may be light or hard, depending on the context. Forms of sentence involving penal labour have included involuntary servitude, penal servitude, and imprisonment with hard labour. The term may refer to several related scenarios: labour as a form of punishment, the prison system used as a means to secure labour, and labour as providing occupation for convicts. These scenarios can be applied to those imprisoned for political, religious, war, or other reasons as well as to criminal convicts.
Millbank Prison or Millbank Penitentiary was a prison in Millbank, Westminster, London, originally constructed as the National Penitentiary, and which for part of its history served as a holding facility for convicted prisoners before they were transported to Australia. It was opened in 1816 and closed in 1890.
Panopticon is the third full-length album by Los Angeles, California based post-metal band ISIS, released by Ipecac Recordings in 2004. The album's title is derived from philosopher Jeremy Bentham's panopticon prison ideal and philosopher/historian Michel Foucault's later allegorical appropriation of the concept. The liner notes also include quotes from technology writer Howard Rheingold and futurist Alex Steffen; as a concept album, Panopticon's focus is on the proliferation of surveillance technologies throughout modern society and the government's role in that spread.
In criminology, the classical school usually refers to the 18th-century work during the Enlightenment by the utilitarian and social-contract philosophers Jeremy Bentham and Cesare Beccaria. Their interests lay in the system of criminal justice and penology and indirectly through the proposition that "man is a calculating animal," in the causes of criminal behavior. The classical school of thought was premised on the idea that people have free will in making decisions, and that punishment can be a deterrent for crime, so long as the punishment is proportional, fits the crime, and is carried out promptly.
The Piracy Act 1717, sometimes called the Transportation Act 1717, was an Act of the Parliament of Great Britain that established a regulated, bonded system to transport criminals to colonies in North America for indentured service, as a punishment for those convicted or attainted in Great Britain, excluding Scotland. The Act established a seven-year transportation sentence as a punishment for people convicted of lesser felonies, and a fourteen-year sentence for more serious crimes, in lieu of capital punishment. Completion of the sentence had the effect of a pardon; the punishment for returning before completion was death. It is commonly accepted that 30,000 convicts may have been transported to the British American colonies, with some estimates going as high as 50,000.
The separate system is a form of prison management based on the principle of keeping prisoners in solitary confinement. When first introduced in the early 19th century, the objective of such a prison or "penitentiary" was that of penance by the prisoners through silent reflection upon their crimes and behavior, as much as that of prison security. More commonly however, the term "separate system" is used to refer to a specific type of prison architecture built to support such a system.
Willey Reveley (1760–1799) was an 18th-century English architect, born at Newton Underwood near Morpeth, Northumberland. He was a pupil of Sir William Chambers, and was trained at the Royal Academy Schools. In 1781-2 he was employed as assistant clerk of works at Somerset House.
A prison, also known as a jail, gaol, penitentiary, detention center, correction center, correctional facility, remand center, hoosegow, and slammer, is a facility where people are imprisoned against their will and denied their liberty under the authority of the state generally as punishment for various crimes. Authorities most commonly use prisons within a criminal-justice system: people charged with crimes may be imprisoned until their trial; those who have pled or been found guilty of crimes at trial may be sentenced to a specified period of imprisonment.
The Criminal Justice Act 1948 is an Act of the Parliament of the United Kingdom. It implemented several widespread reforms of the English criminal justice system, mainly abolishing penal servitude, corporal punishment, and the right of peers to be tried for treason and felony in the House of Lords. The act also dealt with more minor aspects of criminal law, such as the procedure regarding bail. Early versions of the bill attempted to abolish the death penalty, but this would not occur until 1965.
Transcribe Bentham is a crowdsourced manuscript transcription project, run by University College London's Bentham Project, in partnership with UCL Centre for Digital Humanities, UCL Library Services, UCL Learning and Media Services, the University of London Computer Centre, and the online community. Transcribe Bentham was launched under a twelve-month Arts and Humanities Research Council grant.
Imprisonment began to replace other forms of criminal punishment in the United States just before the American Revolution, though penal incarceration efforts had been ongoing in England since as early as the 1500s, and prisons in the form of dungeons and various detention facilities had existed as early as the first sovereign states. In colonial times, courts and magistrates would impose punishments including fines, forced labor, public restraint, flogging, maiming, and death, with sheriffs detaining some defendants awaiting trial. The use of confinement as a punishment in itself was originally seen as a more humane alternative to capital and corporal punishment, especially among Quakers in Pennsylvania. Prison building efforts in the United States came in three major waves. The first began during the Jacksonian Era and led to the widespread use of imprisonment and rehabilitative labor as the primary penalty for most crimes in nearly all states by the time of the American Civil War. The second began after the Civil War and gained momentum during the Progressive Era, bringing a number of new mechanisms—such as parole, probation, and indeterminate sentencing—into the mainstream of American penal practice. Finally, since the early 1970s, the United States has engaged in a historically unprecedented expansion of its imprisonment systems at both the federal and state level. Since 1973, the number of incarcerated persons in the United States has increased five-fold. Now, about 2,200,000 people, or 3.2 percent of the adult population, are imprisoned in the United States, and about 7,000,000 are under supervision of some form in the correctional system, including parole and probation. Periods of prison construction and reform produced major changes in the structure of prison systems and their missions, the responsibilities of federal and state agencies for administering and supervising them, as well as the legal and political status of prisoners themselves.
George Peter Holford (1767–1839) was an English barrister, politician and author. With a short break 1806–7, he was a Tory Member of Parliament from 1803 to 1826, for a number of constituencies. Holford was an advocate of prison reform.