Katarina Pollard.pdf

November 26, 2018 Criminology

Word Count – 1100 Words Student ID Number: 1116016 CLASSICAL THEORY USED IN THE 19TH CENTURY IN PORT ARTHUR PRISON COURSE CODE: CRM103 NAME: Katarina Pollard STUDENT ID NUMBER: 1116016 TUTOR NAME: Ms Bricklyn Priebe WORD COUNT: 1100 wordsWord Count – 1100 Words Student ID Number: 1116016 1. Introduction The aim of this report is to investigate the theories adopted at Australian prisons, during the 19th Century. Was the classical theory used the best choice for the 19th century and was it successful in deterring? 2. Establishment of Australia as a Penal Colony During the 18th Century, crime increased in England due to harsh conditions and poverty. Convict transportation was used to punish and deter crime (Sydney Living Museum 2014). Australia became a penal settlement in 1788 after the American Revolution in 1782; theft was the most common offence for transportation to Australia (Clark 2015). Convicts were subjected to harsh life when they arrived. Convicts became servants or labourers and those with trade skills were used to build the colony (Clark 2015). Punishment of convicts included cat-o’nine-tail lashings (Clark 2015). Around 165,000 men, women and children were transported to Australia; a majority were men aged 15-29 (Clark 2015). 3. Theoretical Basis 3.1. Benthamite Project The Panopticon building was used in the Benthamite Project so that all areas were visible from a central guard house and prisoners thought they were monitored at all times (Wax 2016). Benthamism was founded by English Philosopher and social reformer, Jeremy Bentham. Physical punishment was not used under Benthamism, instead used the “Silent System” but this raised many psychological issues. It was considered humane and Bentham’s approach to criminals was moral, ethical and utilitarianism, evaluating their actions on their consequences (Clark 2015). Bentham spent his life critiquing the law system including the natural accounts of law (Duignan & Plamenatz 2018). Bentham’s theory helps explain classical theory and is important to punishment in the 19th century.Word Count – 1100 Words Student ID Number: 1116016 3.2. Cesare Beccaria In 1764 Cesare Beccaria published the book Crimes and Punishment, he believed in preventing crime rather than punishment. Beccaria believed essence of crime was the harm it did to society (Crime and Criminology 2018). Beccaria belief on preventing crime provides our understanding of deterrence (Crime and Criminology 2018). Beccaria’s classical deterrence doctrine relies on swift, certainty and severe punishment (Crime and Criminology 2018). Beccaria explained deterrence within classical theory which is important to punishment in the 19th century. 3.3. Classical Theory Classical Theory was used in prisons in the 19th Century, Beccaria and Bentham were the founders of Classical Theory. It uses incurring harsher punishment to deter individuals from committing crime (Marshall 2016). Classical Theory intertwines with Deterrence Theory because if the punishment is too harsh or too lenient, it will not work in deterring, it is related to Retribution because Classical Theory is the punishment is proportional to the crime (PaperAp.com 2018). Classical Theory reiterated the use of deterrence and retribution. 3.4. Deterrence Theory Deterrence Theory uses fear of punishment to prevent crime, it is categorised as specific or general. Specific is when a person has previously offended and been punished refrains from reoffending, general deterrence occurs when someone has not committed an offence considers the punishment and refrains from committing the crime (Crime and Criminology 2018). Deterrence generally only affects potential offenders with a conscience. 3.5. Retribution Retribution is “an eye for an eye” which means the crime must be proportional to the punishment. Retribution is defined as inflicted punishment onto an offender as a form of vengeance against the crime that they committed (Crime and Criminology 2018). In the 19th Century the most obvious example of retribution was the hanging of an offender for committing murder.Word Count – 1100 Words Student ID Number: 1116016 4. Port Arthur 4.1. Early Days Port Arthur was established in Tasmania on the Tasman Peninsula in 1830. In 1833, Port Arthur, became a penal colony for severe or reoffending prisoners, it was inescapable because it is surrounded by water and few people could swim (Port Arthur Historic Site 2018). The prison was completed in 1853; each wing of the prison was connected to the guard’s area and chapel. 4.2. Treatment of Convicts In 1843, Port Arthur adopted Benthamism and separate cells were constructed for convicts. Governor George Arthur created a prison that was based on psychological punishment, discipline, classification, religion and separation (Port Arthur Historic Site 2018). If the convicts didn’t want to reform, life was extremely difficult for them (Port Arthur Historic Site 2018). Many convicts suffered psychological issues from solitary confinement. This system was adopted at Port Arthur because it created the ‘desired’ outcome for punishment. 4.3. Prison Design Port Arthur was designed from the adaption of 19th Century British Penal System. The separate silent system was used because it was believed that interaction of prisoners spread “evil” diseases, it gave the convicts time to reflect and repent their actions (Port Arthur Historic Site 2018). Convicts were forced to attend church services on Sunday and sit silently (Port Arthur Historic Site 2018). In Port Arthur, wings were built that were visible but each cell was not (Wax 2018). 4.4. Who Was Sent? Men sent to Port Arthur were often the hardest of British criminals having re-offended after deportation. In 1840 over 2000 convicts, soldiers, free of?cer and their families lived in Tasmania, majority were young men that reoffended (Port Arthur Historic Site 2018).Word Count – 1100 Words Student ID Number: 1116016 5. Strengths and Limitations Many consequences came from methods used in Port Arthur during the 19th Century. The physical punishment of the convicts made the convicts harder and did not cause deterrence for people in England because the punishment was too harsh (Clark 2015). In the early 19th Century, Port Arthur, men who were unmanageable were sent to separate cells for 21 days near the prisoners’ barracks, this had severe consequences on their mental health as they were completely isolated from others and came out for short periods of time each day (Port Arthur Historic Site 2018). Port Arthur introduced the separate silent system later in the 19th century in correspondence to the classical theory of the time, prisoners were kept apart from each other, in separate cells, exercise yards and cubicles in chapel (Port Arthur Historic Site 2018). The convicts were referred to as numbers, they ate, slept and worked within their separate cells. 6. Conclusion In conclusion, the 19th Century was harsh due to the conditions of the prisons. Port Arthur was just one of the prisons that thought the use of the “Silent System” was more effective than physical punishment even though there were unintended psychological issues. It was thought that physical punishment did not deter criminals and therefore psychological punishment was enforced. The Benthamite Project was not the best choice for the 19th century as it failed to deter people from committing crime.Word Count – 1100 Words Student ID Number: 1116016 7. References I. Sydney Living Museums 2014, Why Were Convicts Transported to Australia, viewed 16 August 2018, https://sydneylivingmuseums.com.au/stories/why-were-convicts-transported-australia II. Duignan, B ; Plamenatz, J 2018, Jeremy Bentham: British Philosopher and Economist, viewed 16 August 2018, https://www.britannica.com/biography/Jeremy-Bentham III. Crime and Criminology 2018, Classical Criminology, viewed 17 August 2018, http://my.ilstu.edu/~jawalsh/Sp13/CJS_201/ch4_choice/Chapter4_print.html IV. Wax, A 2016, The Sinister History of Tasmania’s Port Arthur Prison, viewed 14 August 2018, http://www.the13thfloor.tv/2016/05/30/the-sinister-history-of-tasmanias-port-arthur-prison/ V. Marshall, L 2016, ‘A Benign Institution?: Convict Health, Living Conditions, and Labour Management at Port Arthur Penal Station, 1868-1870’, Journal of Australian Colonial History, vol. 18, no. 1, pp. 65-94 VI. PaperAp.com 2018, The Strengths and Weaknesses of Classical Criminology, viewed 17 August 2018, https://paperap.com/paper-on-strengths-weaknesses-classical-criminology/ VII. Port Arthur Historic Site 2018, Port Arthur Useful Facts: A BRIEF HISTORY ISLE OF THE DEAD ESCAPE TRADES AND INDUSTRIES CONVICT TATTOOS PUNISHMENT THE SOLDIER’S LIFE DAILY LIFE FOR POINT PUER BOYS DAILY LIFE FOR ADULT CONVICTS DAILY LIVES OF THE CIVIL OFFICER, viewed 17 August 2018, https://portarthur.org.au/wp-content/uploads/2017/12/Useful-Facts-about-the-Port-Arthur-Convict-Era.pdf VIII. Clark, J 2015, ‘Through a Glass, Darkly’: the Camera, the Convict and the Criminal Life, University of Tasmania, Tasmania


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