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History of Legal Codes and Prisons

The document discusses the history of early legal codes and criminal justice systems. It summarizes some of the earliest legal codes including the Code of Hammurabi from ancient Babylon, the Justinian Code from ancient Rome, and the Greek Code of Draco. It then discusses the evolution of criminal punishment and prisons over time, from ancient systems through the Middle Ages and Enlightenment period. Key points covered include the "eye for an eye" principle of the Code of Hammurabi, the influence of the Justinian Code on medieval law, and the increasing use of prisons and other forms of incarceration from the 16th century onward.
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0% found this document useful (0 votes)
347 views3 pages

History of Legal Codes and Prisons

The document discusses the history of early legal codes and criminal justice systems. It summarizes some of the earliest legal codes including the Code of Hammurabi from ancient Babylon, the Justinian Code from ancient Rome, and the Greek Code of Draco. It then discusses the evolution of criminal punishment and prisons over time, from ancient systems through the Middle Ages and Enlightenment period. Key points covered include the "eye for an eye" principle of the Code of Hammurabi, the influence of the Justinian Code on medieval law, and the increasing use of prisons and other forms of incarceration from the 16th century onward.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd

HISTORY  Collection of 282 rules (Standard for commercial

interactions, set fines and punishment) to meet the


 Study of past events
requirement of justice
 Branch of knowledge that records or explain past  One of the first legal codes was developed in about
evidence 2000 B.C.
 Proclaimed by Babylonian King Hammurabi (1792-
1970 B.C)
SCHOOLS  Hammurabi expanded that city state along Euphrates
river to unites all Southern Mesopotamia
 According to legend, Hammurabi received the code
1. CLASSICAL
from the sun god Shamash, who was also the god of
 Choosing pleasure and pain justice.
 Certain and speedy  The Code of Hammurabi has its core principle
 Doctrine of psychological hedonism or concept of justice known as LEX TALIONIS “an eye
“freewill” -- own choice for an eye and a tooth for a tooth.”
“will” -- power to deliberate  Curve in a massive finger shape black stone “stele”
 Rational -- know what is right and wrong (pillar) that was looted by invaders 
 Retribution -- deserve punishment  Rediscovered in 1901 by JACQUES DE MORGAN
-- french mining engineer and an archaeological
2. NEO-CLASSICAL expedition to Persia
 NEO -- new, modern or contemporary  Uncovered steel of Hammurabi was broken into 3
 Children and lunatics cannot calculate the pieces that has been bought to Susa as a spoils of
war, likely by the Elamite king Shutruk-Nahhunte in
difference of pleasure from pain
the mid-12th century
 Irrational (free from punishment)

 Exemption to General rule: Imbecile
TRIVIA:
Fee of doctor
and lunatics  Severe wound -10 silver shekels for gentlemen
 Universal rule: no exemption  Freed men - 5 shekels
 Slave - 2 shekels
3. POSITIVIST/ITALIAN
 Criminals are considered sick people or Malpractice
individual who need to be treated by treatment  Rich man -cutting of hands
programs rather than punitive actions against  Slaves - Financial Restitution
them (treatment and rehabilitation)
 Denied individual responsibility and reflected Shekels
non-primitive reactions to crime and criminal  Basic monetary unit of modern Israel
 Equivalent to 100 agaurot
 Adheres that crimes as any other act are natural
 1 =14. 24 peso
phenomenon -- innate, natural, inborn

2. JUSTINIAN CODE
 Earliest code of Roman Law
 Exist over 1000 years
 Revised within a few years to reflect recent
legislation and reissued in December 1534 C.E
 All commentaries of the code was band
 Studied by student of law in the 5th year
 Translated into Greek by the end of 16th century C.E
 Introduced recently in re-concurred Italy 54 C.E
EARLY CODES  Recently neglected
1. CODE OF KING HAMMURABI  11th century C.E corporated into Medieval
 LEX TALIONIS  Corpus Juris Civilis
 Oldest code prescribing savage punishment -Major reform of Byzantine
-Influence canon law of Roman Catholic
Church
-More on the regulation of religious  Securing Sanctuary
practice  Criminal could avoid punishment by claiming
-provided for the basis of the law for emerging refugee in church for a period of 90 days
European Nations  In England, TORTURE as punishment become
 Did not survived due to the fall of Roman Empire but prevalent
left a foundation of western legal codes
 Address social changes of Byzantine 16TH CENTURY
 In Roman law, the Emperor was a single legitimate  Ernest Hooton (General Inferiority Theory)
source of law  Transportation of criminals in England was
 Evolve as LAW OF THE TWELVE TABLES authorized
-- more sophisticated  Industrial Revolution
-- more commensurate  Partially relieved over crowding of prisoners
-- follow rule of law  1835, transportation was abandoned
-- improvement for the rights group of
women, slaves and children 17TH CENTURY TO LATE 18TH CENTURY
 Abandoned warships converted into prison as mean
3. GREEAK CODE OF DRACO of relieving congestions of prisoners
 Written in blood rather than ink  Floating Hells
 Death was prescribe for all the criminal offenses  Death penalty become prevalent
 Harsh code that provides the same punishment  Jails become common
for both citizens and slaves as it incorporates  Gaols and Galleys
primitive concepts (vengeance, blood feuds)  Hulks
 Citizens are allowed to prosecute offenders in -descript transport for more warship
the name of the injured party -used to house prison (18th - 19th)
 Practice the act of fairness THE AGE OF ENLIGHTENMENT 18th
 Century of change
 Period of recognizing human dignity
 Period of the introduction of certain reforms in the
correctional field by certain person
4. THE BURGUNDIAN CODE (500 A.D)
 Specified punishment according to the social class of
offenders EARLY PRISONS
 Dividing them into: nobles, middle class and lower
1. MAMERTIME PRISON
class
 Only Roman place of confinement
 Specify the value of life of each person according to
 Build under the main sewer of Rome in 64 B.C. by
social status
Ancus Maritus
 BARBARI
- doesn’t know the life of city nor the gifts of
literacy 2. BRIDEWELL WORKHOUSE
 BARBARIAN (15th century)  1557
- groups were not people or tribe  Most popular workhouse in London, England
-collections of soldier under the  Built for the employment and house of English
military leadership of the king prisoners
 FODERATI  Agricultural
-divide and rule  Hard labor
-barbarian Allies
3. WALNUT STREET JAIL
 Originally constructed as a detention jail in
5 and 11 CENTURY
th th Philadelphia
 Dark ages because of human life violation  It was converted into a state prison become the first
 Church is dominant American penitentiary
 Excessive and brutal measure of social control
imposed by the church 4. DARTMOOR PRISON
 HOUSE OF HALFWAY TO HELL (brutal) in
13TH CENTURY Devonshire, England
 Constructed to house French prisoners A people without the Knowledge of their past
History, origin and culture is like a tree without
5. GAOLS roots
 Jails, Pretrial detention facilities operated by the --Markus Garvey
English Sheriff in England during 18th century

6. GALLEYS
 Long, low-narrow, single-decked ships propelled by
sails and cars usually rowed by criminals

7. HULKS
 Abandoned or unusual warship that were converted
to prisons as means of relieving congestion of
prisoner when transportation system was abandoned
 FLOATING HELL or HELL HOLES

8. ALCATRAZ PRISON
 Operated in 1934
 Close in Mach 31, 1963 because
 it was primarily because it was too costly, an
operation estimated were that repairs alone would run
between 4.5 and 5 million dollars.
 1940, it had a per capita cost of over twice of average
of all federal institutions when it closed, it has 260
inmates
 San Francisco, California

2 RIVAL OF PRISON SYSTEM


1. AUBURN PRISON SYSTEM
 CONGRAGATE SYTEM
 Prisoners are confined in their cells during the night
and congregate work in shop during the day

2. PENNSYLVANIA PRISON SYSTEM


 SOLITARY SYSTEM
 Prisoners are confined in single cells day and night
were they lived, they slept, eat and receive religious
instructions

ELMIRA REFORMATORY
MOVEMENT
 July 1876
 Ideal prison system quickly began to take from in
new York
 In reaction to the growing pessimism surrounding the
penitentiary, participant at the 1870 American Prison
Congress applied the ideas and practices of Sir
Walter Crofton and Alexander Maconochie
 Forerunner of modern penology because it had the
elements of modern system

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