Chapter 2-history Flashcards
Secular law
The law of the civil society, as distinguished from church law.
Lex talionis
Law of retaliation-the principle that punishment should correspond in degree and kind to the defense (“An eye for an eye and a tooth for a tooth”).
Wergild
“Man money”-money paid to relatives of a murdered person or to the victim of a crime to compensate them and to prevent a blood feud
Benefit of clergy
The right to be tried in an ecclesiastical court, where punishments where less severe than those meted out by civil courts, given the religious focus on penance and salvation.
House of corrections
Definition facility that combined the major elements of a workhouse, poorhouse, and penal industry by both disciplining inmates and setting them to work.
Transportation
The practice of transplanting offenders from the community to another region or land, often a penal colony.
Corporal punishment
Punishment inflicted on the offender’s body with whips or other devices that cause pain
Hulks
Abandoned ships that the English converted to hold convicts during a period of prison crowding between 1776 and 1790.
The enlightenment, or the age of reason
The 1700’s in England and France, when concepts of liberalism, rationality, equality, and individuals dominates social and political thinking.
Classic criminology
A school of criminology that views behavior as stemming from free will, that demands responsibility and accountability if all perpetrators, and that stresses the need for punishments severe enough to deter others.
Cesare Beccaria ( 1738-1784)
Italian scholar who applied the rationalist philosophy of the Enlightenment to the criminal justice system.
Utilitarianism
The doctrine that the aim of all action should be the greatest possible balance of pleasure over pain, hence the belief that a punishment inflicted on an offender must achieve enough good to outweigh the pain inflicted.
Jeremy Bentham ( 1748-1832)
English advocate of utilitarianism prison management and discipline. Argued for the treatment and reform o prisoners.
John Howard ( 1726-1790)
English prison reformer whose book The State of Prisons in England and Wales contributed greatly to the passage of the Penitentiary Act of 1779 by the House of Commons