ABSTRACT
THE DEVELOPMENT OF PAROLE AND THE INDETERMINATE SENTENCE A basic tenet underlying sentencing in the nineteenth century was a belief in the perfectibility of humans. The American Revolution engendered a great deal of interest and enthusiasm for reform. The emerging nation threw off the dread yoke of British imperialism, including the harsh and widely hated British laws in place throughout the colonies that relied so heavily on the death penalty. In its place, a more rational system of “corrections” arose-the ideal of certain but humane punishment believed to most certainly deter offenders from criminal careers. American entered the “Progressive Era” in which “rational men” would be able to pursue their best interests and maximize gain and reward while avoiding penalties or pain. This famous principle (“hedonistic calculus”) was accepted wholeheartedly as a guiding objective in the question being asked by concerned citizens, lawmakers, and public officials: “Who are offenders and what shall we do with them?” Under British codes, they were seen as inherently evil and thus to be punished, killed, or disabled. Under the Progressive Era, the answer that emerged was quite different: They are people out of touch with God and, given a chance to change by thinking about their crime and relationship with God and fellow humans, they will opt to repent and change. Prison was the answer to the policy question of what to do with offenders, and America embraced prisons with its general zeal for humanitarianism and enthusiasm, building huge “fortress” prisons that emphasized reform and repentance. The American penitentiary (“place to do penance”) was a contribution to corrections throughout the world.
