Modern era
The French philosopher Michel Foucault, especially his book Discipline and Punish: The Birth of the Prison (1975), energized the historical study of prisons and their role in the overall social system. The book analyzed changes in Western penal systems during the modern age based on historical documents from France.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. Prisons use "disciplines" – new technological powers that can be found, according to Foucault, in diverse institutions such as schools, hospitals, and military barracks.
From the late 17th century and during the 18th century, popular resistance to public execution and torture became more widespread both in Europe and in the United States. Particularly under the Bloody Code, with few sentencing alternatives, transportation to the Americas having been suspended following the Revolution, and imposition of the death penalty for petty crimes, such as theft, proving increasingly unpopular with the public; many jurors were refusing to convict defendants of petty crimes when they knew the defendants would be sentenced to death, rulers began looking for means to punish and control their subjects in a way that did not cause people to associate them with spectacles of tyrannical and sadistic violence. They developed systems of mass incarceration, often with hard labor, as a solution. The prison reform movement that arose at this time was heavily influenced by two somewhat contradictory philosophies. The first was based in Enlightenment ideas of utilitarianism and rationalism and suggested that prisons should simply be used as a more effective substitute for public corporal punishments such as whipping, hanging, etc. The deterrence theory claims that the primary purpose of prisons is to be so harsh and terrifying that they deter people from committing crimes out of fear of going to prison. The second theory, which saw prisons as a form of rehabilitation or moral reform, was based on religious ideas that equated crime with sin and saw prisons as a place to instruct prisoners in Christian morality, obedience and proper behavior. These later reformers believed that prisons could be constructed as humane institutions of moral instruction and that prisoners' behavior could be "corrected" so that when they were released, they would be model members of society.
The concept of the modern prison as a highly regimented total institution was imported to Europe in the early 19th-century from America. Prior forms of punishment were usually physical, including capital punishment, mutilation, flagellation (whipping), branding, and non-physical punishments, such as public shaming rituals (like the stocks). From the Middle Ages up to the 16th and 17th centuries in Europe, imprisonment was rarely used as a punishment in its own right, and prisons were mainly to hold those awaiting trial or punishment.
However, an important innovation at the time was the Bridewell House of Corrections, located at Bridewell Palace in London, which resulted in the building of other houses of correction. These houses held mostly petty offenders, vagrants, and the disorderly local poor. In these facilities, the inmates were given "prison labor" jobs that were anticipated to shape them into hardworking individuals and prepare them for the real world. By the end of the 17th century, houses of correction were absorbed into local prison facilities under the control of the local justice of the peace.
England used penal transportation of convicted criminals (and others generally young and poor) for a term of indentured servitude within the general population of British America between the 1610s and 1776. The Transportation Act 1717 made this option available for lesser crimes, or offered it by discretion as a longer-term alternative to the death penalty, which could theoretically be imposed for the growing number of offenses in Britain. The substantial expansion of transportation was the first major innovation in eighteenth-century British penal practice. Transportation to America was abruptly suspended by the Criminal Law Act 1776 (16 Geo. 3. c. 43) with the start of the American Revolutionary War. While sentencing to transportation continued, the act instituted a punishment policy of hard labor instead. The suspension of transport also prompted the use of prisons for punishment and the initial start of a prison building program. Britain would resume transportation to specifically planned penal colonies in Australia between 1788 and 1868.
Jails at the time were run as business ventures and contained both felons and debtors; the latter were often housed with their wives and younger children. The jailers made their money by charging the inmates for food, drink, and other services, and the system was generally corruptible. One reform of the seventeenth century was the establishment of the London Bridewell as a house of correction for women and children. It was the first facility to make any medical services available to prisoners.
With the widely used alternative of penal transportation halted in the 1770s, the immediate need for additional penal accommodations emerged. Given the undeveloped institutional facilities, old sailing vessels, termed hulks, were the most readily available and expandable choice to be used as places of temporary confinement. While conditions on these ships were generally appalling, their use and the labor thus provided set a precedent which persuaded many people that mass incarceration and labor were viable methods of crime prevention and punishment. The turn of the 19th century would see the first movement toward prison reform, and by the 1810s, the first state prisons and correctional facilities were built, thereby inaugurating the modern prison facilities available today.
France also sent criminals to overseas penal colonies, including Louisiana, in the early 18th century. Penal colonies in French Guiana operated until 1952, such as the notable Devil's Island (Île du Diable). Katorga prisons were harsh work camps established in the 17th century in Russia, in remote underpopulated areas of Siberia and the Russian Far East, that had few towns or food sources. Siberia quickly gained its fearful connotation of punishment.
John Howard was one of the most notable early prison reformers. After having visited several hundred prisons across Great Britain and Europe, in his capacity as high sheriff of Bedfordshire, he published The State of the Prisons in 1777. He was particularly appalled to discover prisoners who had been acquitted but were still confined because they could not pay the jailer's fees. He proposed wide-ranging reforms to the system, including the housing of each prisoner in a separate cell and the requirements that staff should be professional and paid by the government, that outside inspection of prisons should be imposed, and that prisoners should be provided with a healthy diet and reasonable living conditions. The prison reform charity, the Howard League for Penal Reform, was established in 1866 by his admirers.
Following Howard's agitation, the Penitentiary Act 1799 was passed. This introduced solitary confinement, religious instruction, a labor regime, and proposed two state penitentiaries (one for men and one for women). However, these were never built due to disagreements in the committee and pressures from wars with France, and jails remained a local responsibility. But other measures passed in the next few years provided magistrates with the powers to implement many of these reforms, and eventually, in 1815, jail fees were abolished.
Quakers were prominent in campaigning against and publicizing the dire state of the prisons at the time. Elizabeth Fry documented the conditions that prevailed at Newgate prison, where the ladies' section was overcrowded with women and children, some of whom had not even received a trial. The inmates did their own cooking and washing in the small cells in which they slept on straw. The section was described "like a den of wild beasts; it was filled with women unsexed, fighting, swearing, dancing, gaming, yelling and justly deserved its name of 'hell above ground'." In 1816, Fry founded a prison school for the children who were imprisoned with their parents. She also began a system of supervision and required the women to sew and to read the Bible. In 1817, she helped to found the Association for the Reformation of the Female Prisoners in Newgate.
The theory of the modern prison system was born in London, influenced by the utilitarianism of Jeremy Bentham. Bentham's panopticon introduced the principle of observation and control that underpins the design of the modern prison. The notion of prisoners being incarcerated as part of their punishment, and not simply as a holding state until trial or hanging, was at the time revolutionary. His views influenced the establishment of the first prisons used as criminal rehabilitation centers. At a time when the implementation of capital punishment for a variety of relatively trivial offenses was on the decline, the notion of incarceration as a form of punishment and correction held great appeal to reform-minded thinkers and politicians.
In the first half of the 19th century, capital punishment came to be regarded as inappropriate for many crimes that it had previously been carried out for, and by the mid-19th century, imprisonment had replaced the death penalty for the most serious offenses except for murder.
The first state prison in England was the Millbank Prison, established in 1816 with a capacity for just under 1,000 inmates. By 1824, 54 prisons had adopted the disciplinary system advocated by the Society for the Improvement of Prison Discipline (SIPD). By the 1840s, penal transportation to Australia and the use of hulks was on the decline, and the Surveyor-General of convict prisons, Joshua Jebb, set an ambitious program of prison building in the country, with one large prison opening per year. Pentonville prison opened in 1842, beginning a trend of ever increasing incarceration rates and the use of prison as the primary form of crime punishment. Robert Peel's Gaols Act 1823 introduced regular visits to prisoners by chaplains, provided for the payment of jailers and prohibited the use of irons and manacles.
In 1786, the state of Pennsylvania passed a law that mandated that all convicts who had not been sentenced to death would be placed in penal servitude to do public works projects such as building roads, forts, and mines. Besides the economic benefits of providing a free source of hard labor, the proponents of the new penal code also thought that this would deter criminal activity by making a conspicuous public example of consequences of breaking the law. However, what actually ended up happening was frequent spectacles of disorderly conduct by the convict work crews, and the generation of sympathetic feelings from the citizens who witnessed the mistreatment of the convicts. The laws quickly drew criticism from a humanitarian perspective (as cruel, exploitative and degrading) and from a utilitarian perspective (as failing to deter crime and delegitimizing the state in the eyes of the public). Reformers such as Benjamin Rush came up with a solution that would enable the continued use of forced labor while keeping disorderly conduct and abuse out of the eyes of the public. They suggested that prisoners be sent to secluded "houses of repentance" where they would be subjected (out of the view of the public) to "bodily pain, labor, watchfulness, solitude, and silence ... joined with cleanliness and a simple diet".
Pennsylvania soon put this theory into practice and turned its old jail at Walnut Street in Philadelphia into a state prison in 1790. This prison was modeled on what became known as the "Pennsylvania system" (or "separate system") and placed all prisoners into solitary cells with nothing other than religious literature, made them wear prison uniforms, and forced them to be completely silent to reflect on their wrongs. New York soon built the Newgate state prison in Greenwich Village, which was modeled on the Pennsylvania system, and other states followed.
But, by 1820, faith in the efficacy of legal reform had declined, as statutory changes had no discernible effect on the level of crime, and the prisons, where prisoners shared large rooms and booty including alcohol, had become riotous and prone to escapes. In response, New York developed the Auburn system in which prisoners were confined in separate cells and prohibited from talking when eating and working together, implementing it at Auburn State Prison and Sing Sing at Ossining. The aim of this was rehabilitative: the reformers talked about the penitentiary serving as a model for the family and the school and almost all the states adopted the plan (though Pennsylvania went even further in separating prisoners). The system's fame spread, and visitors to the U.S. to see the prisons included de Tocqueville who wrote Democracy in America as a result of his visit.
The use of prisons in Continental Europe was never as popular as it became in the English-speaking world, although state prison systems were largely in place by the end of the 19th century in most European countries. After the unification of Italy in 1861, the government reformed the repressive and arbitrary prison system they inherited, and modernized and secularized criminal punishment by emphasizing discipline and deterrence. Italy developed an advanced penology under the leadership of Cesare Lombroso (1835–1909).
Another prominent prison reformer who made important contributions was Alexander Paterson who advocated for the necessity of humanizing and socializing methods within the prison system in Great Britain and America.
