Neoliberalism In The Criminal Justice System

Great Essays
Before delving into the criminal justice system at the time neoliberalism became popular it is a good idea to briefly look at the development of the justice system throughout history leading up to the system affected by a neoliberal view.
The first prisons were introduced in medieval times. These prisons were more for containment instead of punishment. This introduced the start to modern prisons (Sharpe, 1988). During this time the death penalty had a main focus in regard to the penal system. Bellamy (1973) stated that even though it appeared that capital punishment rates were alarmingly high, it was significantly lower than the previous two centuries. Towards the end of the seventeenth century, rates of imprisonment declined quite significantly
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Even then their sentences were usually short. The more severe crimes such as murder, highway robbery and arson would more than likely receive the death penalty (Newburn, 2003). Even though these crimes were supposed to receive the death penalty, the sentence issued was under judicial discretion, it was noted by Ignatieff (1978) that in the 1750s, judges in the home circuit changed a third of the death penalty sentences issued to the punishment of transportation instead. This wouldn’t help with the increase and over sentencing of transportation that would eventually lead to the cancellation of this punishment. Hangings and whippings were a form of a deterrent to spectators as they were very publicly performed. This was to deter anyone away from committing crimes as they were afraid of the punishment. This however did not work as eventually the excitement grew for them and so it lost some of its deterrent aim (Newburn, 2003). As stated earlier, prisons were used sparingly before 1755, this could have been due to a lack of police presence to apprehend the offenders (Ignatieff, 1978). Prisons in this time consisted mainly of three types; debtors, county or borough gaol and houses of correction or bridewells; the poor were often put to work in these prisons (Newburn, 2003).
During the American War of Independence, in 1775, transportation had to be suspended
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In response, The Departmental Committee, under the chairmanship of Herbert Gladstone, published The Gladstone Report in 1894. This report turned out to be a landmark in British Penal history. It believed that the “primary and concurrent objects” (Gladstone Report, 1895) of the system should have been the reformation and rehabilitation of prisoners. Sharpe (1990) stated that the Gladstone Report ushered in an age of penal optimism and was supported by the fall in the prison

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