How did prisons develop

Prisons have developed as part of society since urbanism began by about 5000 years ago. The concept of punishment has shaped how prisons have been used by society, at times acting more like a holding area for criminals before punishment, while at other times they have been used to reform criminals. The use of prisons has shifted as societies have shifted their perception of justice over the centuries, where prisons were often the most clear physical manifestation of these philosophical shifts.

Ancient Origin

The first recorded prisons occurred in southern Mesopotamia during the time of Ur-Nammu, who was a king of the Ur III state at around 2000 BCE. The king was attributed with a law code, which spelled out the types of crimes people were put in prison for. This included kidnapping and extortion. At this time, prisons were presented as part of punishment, where people would be placed in these facilities for some period. It is not evident that prisons were intended to reform or change the behavior of the person incarcerated. In effect, prison was part of the punishment and it may have not been used for anything else. In ancient Egypt, prisons seem to be very unpleasant places that were purposely made uncomfortable, suggesting that prisons served as part of punishment and deterrent of crime, but not for any reform.

In ancient China, the so-called Legalism teachings were influential, where punishment was a focus and often applied harsh penalties even for petty crime. Prisons used as deterrent for behavior appears to be the focus. One difference, however, is that there is evidence by the Tang Dynasty, in the 1st millennium CE, prisons were also located near Buddhist monasteries, suggesting that by that period the idea of using religious teaching to reform prisoners may have taken hold. In effect, this could represent that prisons served more than just punishment, but religious reform, and by extension behavior, could have been a key focus.

In ancient Greece, prisons and punishment were also harsh, where punishment often included various means of torture, stoning, burning, and other very harsh treatments. However, from Plato, it is evident that some philosophers began to see that prisons and punishment should be used to reform individuals. Plato noted that punishment mostly made someone suffer, while it provided relatively little benefit to anyone. Plato discusses the idea that reform or rehabilitating a prisoner could be a focus of punishment.

For the Romans, it seems most prisons were temporary places where people were kept before the final punishment was delivered. For instance, hard labor was a form of Roman punishment, but keeping someone in prison, unlike Mesopotamia, was not often a final sentence. Wealthy or high status individuals could be incarcerated, but they were often kept in a form of house arrest. In effect, another wealthy person or citizen may be in charge of a wealthy or well known person. The best known Roman prison was the Tullianum, where people believe Christians, including Apostles, were kept there before they were given their final punishment, in many cases being death.

Medieval and Early Modern Prisons

Medieval prisons often were ad hoc facilities that simply utilised existing buildings such as basements of buildings or castle keeps. However, cities, such as York in England, began to develop specialized facilities, where the Mayor and Sheriff of the city had responsibility in placing prisoners within. At this time, the authority to jail often varied from the king to local officials. Detentions were at times used as part of the punishment, although torture and other harsh punishments were commonly conducted in prisons. For much of Europe, having been influenced by ancient Rome, imprisonment was a temporary measure before the punishment was administered, often being harsh labor or death.

Things did begin to change by 1601, after the Poor Law (1601) was passed. This law stipulated the establishment of houses of correction, which were facilities that provided jobs and work for those who had been convicted of petty crime or those who refused to work. In effect, it was the first law that focused on putting some form of reform on petty criminal behavior rather than use prisons as holding centers or strictly for punishment. Eventually, these correction houses were placed as part of prisons, beginning the process of using both prisons and facilities to work in for prisoners as part of the same institution. The correction houses in the 1700s began to expand to other forms of crime, except usually severe crime such as murder. These correction houses also served as a pretrial place to put prisoners, often making them work, while they waited to be heard by a judge. The correction houses were soon established in the American colonies, particularly Massachusetts, where correction facilities and prisons soon become synonymous with jails, influencing how we use the terms today. Maryland, similarly, placed their correction houses as part of prisons, leading to similar association of the two places as part of the same establishment.