The penitentiary made incarceration itself the punishment for the first time.

Evidence

The penitentiary as an institution that simultaneously punished and rehabilitated its inhabitants was a new system of punishment that first made its appearance in the United States around the time of the American Revolution. This new system was based on the replacement of capital and corporal punishment by incarceration. … Imprisonment itself was new neither to the United States nor to the world, but until the creation of this new institution called the penitentiary, it served as a prelude to punishment. People who were to be subjected to some form of corporal punishment were detained in prison until the execution of the punishment. With the penitentiary, incarceration became the punishment itself. — Davis, Angela Y, Are Prisons Obsolete, 63

Categorization

  • DEFINE: Draws the definitional line between mere imprisonment awaiting punishment and the penitentiary where confinement is the punishment — a key conceptual pivot in Davis’s argument.
  • XREF: connects to: The prison was originally embraced as a humane replacement for capital and corporal punishment. — Davis, Angela Y, Are Prisons Obsolete, 101; Imprisonment only became conceivable once individual rights were recognized; The rise of the prison institutionalized the power to punish — Michel Foucault, Discipline & Punish- The Birth of the…, 209

Broader Connections