American Penal System

Evolution of the American Penal System

The history of the American penitentiary systems is a colorful one. What we know today as traditional punishment was simply not the case in the later part of the 1800’s. Throughout history there was a “trail and error” type approach on the subject of punishment. By the 19th century, we are able to begin to see different forms of punishment taking place. Punishment started to in the form of convict leasing, which was beautifully described in the book Slavery By Another Name written by Douglas A. Blackmon. Convict leasing in the south was paralleled by Eastern State Penitentiary in Philadelphia, which focused on the isolation of each prisoner throughout his or her stay. A Pickpockets Tale written by Timothy J. Gilfoyle gives us an in depth looks into the life of prisoner George Appos who spent time in the Eastern State Penitentiary. In another spectrum, the cult of “True Womanhood” as described by Estelle B. Freedman, proved to be burdensome and lead to harsh forms of punishment for American women during the late 1800’s. Although convict leasing in the south, female institutions, and the Eastern State Penitentiary are all unique forms of punishment in their own right, they served as three different approaches to punishment that formed the American penal system that we use today.

Before comparing and contrasting the different forms of punishment, it is important to know what convict leasing actually was. Convict leasing is an interesting yet brutal form of punishment that originated in the south. It came about because slavery was eventually abolished by the 13th amendment and citizenship was granted to slaves by the 14th amendment. However there was a loophole in the 14th amendment that basically said that slavery was outlawed except for punishment or crime. White southerners who relied heavily on slaves did not know what to do. “Without former slaves and their steady expertise and cooperation in the fields, the white...