BJOC 1.1 - The American Jail

Terminal Performance Objective (TPO):

Given the need for student comprehension, the student will explain the extent of jail officer responsibility relative to the correctional process and the criminal justice system as well as provide an overview of past and current jail operations in regards to supervision and cultural diversity in accordance with the Basic Jail Officer Reference Textbook.

BJOC 1.1 - The American Jail

Enabling Objectives (EO’s):

As a result of this instruction the student will be able to:

1.1.1          Describe the differences in the jail operations of the past with present day.

1.1.2          Identify the relationship of the jail to the police, courts and to the correctional system.

1.1.3          Identify barriers in regards to cultural diversity and the role of the jail officer.

1.1.4          Describe the present-day role of the jail officer.

While some prisons, known as La Stinche (commonly known as a debtor’s prison through the 15^th century), it was not until the 19^th century that confinement became the primary treatment.

Prisons - synonymous for jails during this era - for the most part were not viewed as punishment, but rather a way to confine criminals until corporal or capital punishment could be administered.

The jails of the early days involved many forms of torture, public stockades, dungeons, and other types of confinement. Much of this, as well as our entire Colonial American criminal justice system, were influenced by the English, the French, and the Dutch.  For most of history, imprisoning had not been punishment in itself, but rather confinement until criminals received their punishment, corporal or capital. In the 19^th century the modern prison system as we know today became common. In 1789 the Pennsylvania Legislature replaced capital punishment with incarceration as the primary punishment for felons. The Walnut Street Gaol (early spelling for jail) in Philadelphia became the first prison in the U.S.  The early jails resembled ordinary houses in many respects and did not have distinctive architectural features. Prisoners were placed in rooms instead of cells and were not segregated in any way. Because there were so few jails, most prisoners, old and young, black and white, men and women were all crowded together. If not put to death or left to die, many were taken as slaves.

It required the King to renounce certain rights, respect certain legal procedures and accept that his will could be bound by the law. It explicitly protected certain rights of the King’s subjects whether free or fettered—most notably the writ of habeas corpus, allowing appeal against unlawful imprisonment. This is the first recorded time of prescribing jailing as a form of punishment.

Among the offenses that the death penalty was applied were: murder, denying “the true God”, homosexual acts, and kidnapping.   Pennsylvania’s Quaker-inspired code abolished the death penalty for all crimes except murder. They opted instead to use imprisonment with labor and fines   Severe penalties did remain for sexual offenses. The crime of “defiling the marriage bed” was punished by whipping, plus one year confinement for the first offense and life imprisonment for the second.

In the 19^th century the modern prison system as we know today became common.  In 1789 the Pennsylvania Legislature replaced capital punishment with incarceration as the primary punishment for felons. The Walnut Street Gaol (early spelling for jail) in Philadelphia became the first prison in the U.S.  By the mid-19th century, most states had followed suit. Two models soon emerged in the states. The first system began in Auburn State Prison in New York in 1817. Prisoners worked together in total silence during the day but were housed separately at night. Strict discipline was enforced and violators were subjected to severe reprisals. The second model, the Pennsylvania system, begun in 1829 in the Eastern State Penitentiary at Cherry Hill and was based on solitary confinement for convicts by day and night.  The theory that a felon alone in a cell with only the Bible to read would soon become penitent; hence the term penitentiary.

In our current criminal justice system prisons are designed for confinement after convictions while jails house inmates prior to trial. However, with the continued growth in inmate populations many jails will house criminals who have been sentenced on misdemeanor charges (less than 1 year confinement) while prisons hold mostly felonious offenders serving more than one year of confinement. Prisons are typically operated by the state, while jails are operated on the county level of government by the sheriff.

The American Government operates with three distinct branches, the Executive (President), the Legislative (Congress) and the Judicial (Supreme Court). 

Law enforcement operates under the executive branch of government and is responsible for the enforcement of the penal laws of the county, state, and city for which they perform. A jail?  A prison?  Prisons (correctional facilities) are responsible for housing criminals who have been sentenced to incarceration for a period of time. They are viewed as being part of the executive branch of government, but by virtue of their assignment carry out orders of the courts concerning incarceration.

Today’s officers must be aware of the dangers of placing certain ______ or _________ together.

Today’s officers must be aware of the dangers of placing certain groups or cultures together.

Although men and women now work together in the same environments, mostly without incident, allegations of _______________and _____________still exist.

Although men and women now work together in the same environments, mostly without incident, allegations of sexual harassment and sexual misconduct still exist.

When a person is incarcerated and their freedoms removed, the jail officer now assumes full responsibility for this person and society holds them to an even higher standard than before.

The present-day jail officer must be constantly vigilant to the _______, _________, and _______ of the jail facility.

The present-day jail officer must be constantly vigilant to the safety, security, and order of the jail facility.