Gavin Howe
Prisons have long been used to detain people accused of crimes, as well as those serving sentences. The concept of forcibly confining people is ancient, with evidence of the Romans having a well-developed system for imprisoning different types of offenders. The Transportation Act of 1717 in Britain offered transportation as an alternative to the death penalty, which could be imposed for a growing number of offences. The American Revolution in 1776 suspended transportation, leading to the use of prisons for punishment and the construction of the first state prison in York, Maine in 1720. The Walnut Street Jail was the first jail to become a state prison, leading to uprisings across eastern border states. The oldest prison in England, Millbank Prison, was established in 1816. Prisons were often poorly maintained, with men, women, and children all held together, and diseases such as gaol fever were common. The 18th century was marked by the 'Bloody Code', but opposition to the death penalty for non-serious crimes grew. The Penitentiary Act of 1799 specified that jails should hold one inmate per cell and operate silently with continuous labour. Prison reform movements in the 19th century promoted ideas of rehabilitation and personal redemption, and by the 20th century, prison labour was expected to be productive, preparing prisoners for their livelihood upon release. Today, prisoners retain some constitutional rights, such as freedom of speech and religion, due process, and protection against cruel and unusual punishment. However, mass incarceration and racial disparities persist, with legal remedies for prisoners drying up and recidivism rates remaining high.
| Characteristics | Values |
|---|---|
| History of the prison system | The Romans had a well-developed system for imprisoning different types of offenders. |
| The English Parliament passed the Penitentiary Act in 1779, mandating the construction of two London prisons with internal regulations modelled on the Dutch workhouse. | |
| The first state prison in England was the Millbank Prison, established in 1816. | |
| Prisons in the US adopted ideas from history when it came to confining criminals. | |
| The first US penitentiary was established in Philadelphia in the 1790s and was named Walnut Street Jail. | |
| Prisons were initially run as business ventures and contained both felons and debtors. | |
| The Prison Act 1898 reasserted reformation as the main role of prison regimes. | |
| Prison numbers continued to rise in the early 21st century as sentences got longer. | |
| Prisoners' rights | Prisoners have the right to receive healthcare in prison. |
| Prisoners have the freedom to send and receive correspondence and visitations from loved ones. | |
| Prisoners have the right to receive legal aid when needed. | |
| Prisoners have rights to speech and religion. | |
| Prisoners are protected by the Eighth Amendment's prohibition against cruel and unusual punishment. | |
| Prisoners are protected by the Fourteenth Amendment's Equal Protection Clause, which safeguards them against unequal treatment based on race, sex, and creed. |
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What You'll Learn
The early history of prisons
Prisons have existed in some form for centuries, but the concept of the modern prison is a relatively recent development. For much of Western history, long-term incarceration was not used as a punishment, and many countries had rules against it. Instead, prisons were primarily used to hold those awaiting trial or punishment. From the Middle Ages up to the 16th and 17th centuries in Europe, imprisonment was rarely used as a standalone punishment, and prisons were often poorly maintained. During this period, sanctions for criminal behaviour tended to be public events designed to shame and deter, such as the ducking stool, the pillory, whipping, branding, and the stocks.
The first jails that could be considered early prisons were workhouses in England and the Netherlands in the 16th century. These institutions held a mix of people, including vagrants, debtors, and prostitutes. The oldest prison in the United States was built in York, Maine, in 1720, and the first state prison, the Walnut Street Jail, was established in Philadelphia in the 1790s. The Walnut Street Jail sparked a wave of state prison construction across the eastern border states of America, including Newgate State Prison in Greenwich Village (1796) and prisons in New Jersey (1797), Virginia and Kentucky (1800), and Vermont, New Hampshire, and Maryland.
The late 18th century saw the beginning of prison reform movements in England and America. In 1771, Samuel Denne's "Letter to Lord Ladbroke" and Jonas Hanway's "Solitude in Imprisonment" (1776) marked the beginning of a wave of philanthropic literature on English penal reform, focusing on the post-conviction rehabilitation of criminals. John Howard, one of the most notable early prison reformers, visited several hundred prisons across Great Britain and Europe and published "The State of the Prisons" in 1777, in which he condemned the prison system as disorganised, barbaric, and filthy. He proposed wide-ranging reforms, including separate cells for each prisoner, professional and paid staff, outside inspection of prisons, and improved sanitation.
In 1791, Jeremy Bentham designed the 'panopticon', a prison design that allowed a centrally placed observer to survey all the prisoners. The panopticon became the model for prison building for the next half century, influencing the construction of Pentonville Prison in 1842. In 1799, the Penitentiary Act specified that jails should hold one inmate per cell and operate on a silent system with continuous labour. The first half of the 19th century marked a shift in state punishment, with imprisonment replacing capital punishment for most serious offences. The first national penitentiary in England was completed at Millbank in London in 1816, inaugurating the modern prison facilities we know today.
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Prison conditions and sanitation
In the 16th century, with the arrival of European settlers in North America, the first substantial prison in the region was built in St. Augustine, Florida, by Spanish soldiers. Convicts played an indispensable role in the English settlement efforts, and official action was taken in 1606 to conscript criminals for the colonization of the New World. This marked the beginning of a long history of prison systems in North America.
During the 18th century, English offenders were often banished to the new British colonies in America or other countries. However, with the end of the Revolutionary War and the formation of the United States, this practice ceased. As a result, England adopted two primary forms of punishment: houses of correction and hard labour. Hard labour involved inmates performing manual labour all day, every day, in workhouses. The 18th century also saw the emergence of philanthropic literature on English penal reform, advocating for the post-conviction rehabilitation of criminals. This movement proposed solitary confinement as a means to morally rehabilitate inmates and isolate them from the perceived moral contagion of other prisoners.
In 1777, John Howard, the namesake of the Howard League, condemned the prison system as disorganised, barbaric, and filthy. He called for wide-ranging reforms, including the installation of paid staff, outside inspection, proper diets, and other necessities for prisoners. His efforts led to the separation of male and female prisoners and improved sanitation. In 1791, Jeremy Bentham designed the 'panopticon', a prison design that allowed a central observer to monitor all prisoners from a single location. This design became the model for prison buildings for the next half-century.
The 19th century witnessed significant reforms in the prison system. In 1799, the Penitentiary Act specified that jails should house one inmate per cell and operate on a silent system with continuous labour. The first half of the 19th century marked a turning point in the history of state punishment. The early 19th century saw the emergence of the prison reform movement, which gained momentum and relevance. Prisons in the 19th century were often overcrowded, and inmates had to pay for food and services like unlocking their chains for trials. Religious groups like the Quakers and Evangelicals played a pivotal role in promoting ideas of reform and personal redemption.
The 20th century brought about further changes, with the development of the criminal justice system and a shift in focus to reformation and rehabilitation. However, prison conditions remained grim, with inmates facing physical abuse, inadequate mental health treatment, and a lack of privacy. The 1950s and 1960s saw some improvements, but the latter part of the century witnessed rising prison populations, privatisation, and strict legislation, which led to overcrowding and underfunding.
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Prisoner rights and protections
Prisons have existed in some form for centuries, with evidence of the Romans having a well-developed system for imprisoning different types of offenders. The notion of forcibly confining people is ancient, but the idea of prison reform is more recent.
The first jail in the United States that turned into a state prison was the Walnut Street Jail in Philadelphia, built in the 1790s. New York, New Jersey, and Virginia also built prisons around this time, in response to a population boom in the eastern states. Prison was seen as a way to deter offending and was often a place where people were held before their trial or while awaiting punishment.
Prisoners' rights have evolved over time, with early prison conditions being described as disorganised, barbaric, and filthy. The Virginia Supreme Court stated in 1871 that an inmate was a "slave of the state", with only the rights given by the state. However, in 1877, prisons came under the control of the Prison Commission, and reforms began to take place. Religious groups promoted ideas of reform through personal redemption, and the Prison Act of 1898 reasserted reformation as the main role of prison regimes.
In the 1960s, the "hands-off" era came to an end, and courts began to get involved in prisoners' rights cases. The U.S. Supreme Court ruled in 1974 that prisoners had not lost all of their constitutional rights. The Court also ruled that prisoners have the right to receive healthcare and, if needed, abortions while incarcerated. They are also protected by the Eighth Amendment's prohibition against cruel and unusual punishment, which requires that prisoners be afforded a minimum standard of living. Prisoners have the right to send and receive correspondence and visitations, although this may be limited for security reasons. They are also entitled to legal aid and can communicate with their attorneys in person and without major surveillance.
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Prison reform and rehabilitation
Prisons have existed for centuries, with the oldest prison built in York, Maine, in 1720. The Walnut Street Jail in Philadelphia, built in the 1790s, was the first prison in America. Prison was rarely used as a punishment in its own right; instead, it was a place where people were held before their trial or while awaiting punishment. Prisons were often overcrowded, with men, women, boys, and girls, debtors, and murderers all held together. Diseases such as gaol fever were common, and many people died.
The early English workhouse model, where prisoners would labour constantly during the day with strict control over their diet, clothing, and communication, influenced the first United States penitentiaries. The Penitentiary Act of 1799 specified that jails should be built for one inmate per cell and operate on a silent system with continuous labour.
In the early 21st century, prison numbers continued to rise, with longer sentences, budget cuts, and chronic overcrowding. Conditions deteriorated, with restricted regimes during the Covid-19 pandemic keeping inmates locked in their cells for extended periods. To address these issues, the Department of Justice announced reforms to limit the use of solitary confinement and reduce recidivism.
The Transforming Prisons Act aims to improve prison conditions and support innovative programs promoting pro-social behaviours through parenting classes, family engagement workshops, anger management, and artistic programming. Therapeutic communities within prisons foster a rehabilitative environment, with participant leadership and intervention in arguments and treatment groups. These communities promote new ways of thinking and behaving, blending therapeutic approaches with cognitive behavioural therapy (CBT) principles to reduce rearrests and reincarceration.
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Prison systems and their evolution
Prisons have existed in various forms throughout history, but the modern prison system has undergone significant evolution. During the Middle Ages in Europe, castles, fortresses, and basements of public buildings were used as makeshift prisons, with imprisonment serving as a form of punishment alongside the confiscation of merchandise. The concept of the prison as a place of punishment and personal reform, or penitentiary, gained traction in the 18th century, particularly in England and Wales, where prison reformers like John Howard and Jeremy Bentham advocated for change. Bentham designed the '
In the late 18th and early 19th centuries, the American prison system began to take shape. The oldest prison in what would become the United States was built in York, Maine, in 1720, and the first jail that turned into a state prison was the Walnut Street Jail in Philadelphia. The English Parliament's Penitentiary Act of 1779, which mandated the construction of two London prisons with regulations modelled on the Dutch workhouse, influenced early American penitentiaries. The Walnut Street Jail led to the development of state prisons across the eastern border states, including Newgate State Prison in Greenwich Village (1796) and prisons in New Jersey (1797), Virginia and Kentucky (1800), and Vermont, New Hampshire, and Maryland soon after.
The early 19th century saw the establishment of penitentiaries in Pennsylvania and New York, with administrators experimenting with new methods of prisoner rehabilitation. The "separate system" or "Pennsylvania system", which implemented solitary confinement, was first adopted at Eastern State Penitentiary in Philadelphia in 1829. This approach, based on the idea that solitude would lead to penitence and rehabilitation, became a model for other institutions in the US and Europe. Competing philosophies, such as the "'silent system' or 'Auburn system', also emerged during this period, emphasizing constant silence and prohibiting contact between convicts.
The 1840s witnessed the construction of Pentonville prison in London, utilizing the panopticon design. Over the next six years, 54 new prisons were built following this template. Religious groups like the Quakers and Evangelicals played a significant role in promoting ideas of reform through personal redemption. The establishment of the Howard Association (later the Howard League for Penal Reform) in 1866 and the centralization of prison control under the Prison Commission in 1877 reflected a continued focus on reform and deterrence. The Prison Act of 1898 reaffirmed reformation as the primary role of prison regimes, diluting the separate system, abolishing hard labour, and emphasizing the productivity of prison work.
The 20th century brought further developments, including the introduction of probation officers and the borstal system, which recognized the need for separate prison establishments for young people. The first open prison, embracing the idea that freedom could not be trained for under conditions of captivity, was built in 1933. While the Criminal Justice Act of 1948 abolished penal servitude, hard labour, and flogging, it maintained the centrality of prison in the criminal justice system.
In recent times, prison systems have continued to evolve, with the emergence of supermax prisons for inmates considered a threat to national security, and the impact of market reforms and privatization on prison management and conditions. The early 21st century saw rising prison numbers, longer sentences, chronic overcrowding, and escalating violence and self-harm. The COVID-19 pandemic further contributed to deteriorating prison conditions, with restricted regimes keeping inmates locked in their cells for extended periods.
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Frequently asked questions
The first state prison in England was Millbank Prison, established in 1816 with a capacity of just under 1,000 inmates.
The first prison in the United States was built in York, Maine in 1720. The Walnut Street Jail was the first jail that turned into a state prison.
The Transportation Act of 1717 was the first major innovation in eighteenth-century British penal practice. It made transportation available for lesser crimes or as a longer-term alternative to the death penalty.
The first United States penitentiary was established in Philadelphia in the 1790s. It was based on the English workhouse model, with prisoners labouring constantly during the day and their diet, clothing, and communication strictly controlled.
Prisoners have limited rights. They are protected by the Eighth Amendment's prohibition against cruel and unusual punishment, which requires that prisoners be afforded a minimum standard of living. They also have the right to receive health care, to send and receive correspondence, and to visitations from loved ones.
