A SUMMARY OF EXISTING LEGISLATION IN THE UNITED STATES ON THE TREATMENT OF PRISONERS

by

E. STAGG WHITIN, Ph.D.

Assistant in Social Legislation, Columbia University and Chairman
Executive Committee, National Committee on Prison Labor

Prepared on the Henry Bergh Foundation for the Promotion of Humane
Education in Columbia University

THE ACADEMY OF POLITICAL SCIENCE
COLUMBIA UNIVERSITY, NEW YORK

COPYRIGHT BY

THE ACADEMY OF POLITICAL SCIENCE

TABLE OF CONTENTS

THE CAGED MAN

A SUMMARY OF EXISTING LEGISLATION IN THE UNITED STATES ON THE

TREATMENT OF PRISONERS

I

WHAT IS THE STATUS OF THE PRISONER?

The property of the state-The ward of the state.

II

PAGE

3-4

WHY IS HE CONFINED?

To work off a fine and costs. To satisfy a sentence-Fixed or indetermin-

ate. Awaiting capital punishment

5-16

III

HOW MAY HE BE PUNISHED?

Cruel and unusual punishments-Punishment exceeding hard labor-Solitary

confinement-Dungeons-Blood hounds-Shackles and chains-Reduc-

tion of food-The gag, iron mask, etc.-Corporal punishment-Showering

with cold water-Stocks-Crucifix, yoke, buck, etc.-Punishment injurious

to mind or body-Greater or more severe punishment than prescribed by

board.

17-23

IV

HOW MAY HE BE WORKED?

Leased to individuals for work outside the institution-Leased to individuals
for work inside the institution-The state may work him-State industries
for state consumption-Farms for state consumption-Public works-State
farms for community consumption-State factories for community con-
sumption. Under specific limitations-Competition with free labor-
Number of convicts in one industry-Use of machinery-Manufacture of
goods manufactured by free factories-Branding of prison-made goods—
Manufacture of certain articles-Work injurious to health or dangerous to
person of convict-Association with free laborers during work hours-
Labor which can be carried on without expense to the county and is
consistent with safe keeping of prisoners. Hours of labor . .

24-46

Health provisions-Religious provisions-Educational provisions-Moral education-Reduction of time for good conduct-Special indulgences for good conduct-Reporting of good conduct to Board-Merit marks--Grading of prisoners-Wage reward. General education-Prison schools-Prison libraries-Industrial education

VII

WHO CAN SET HIM FREE?

Parole-Pardon-The Governor-The Governor and Board of Pardons-
Governor and Council-Governor and Senate-Legislature.

VIII

WHAT SPECIFIC DISABILITIES ARE CAUSED BY A PRISON SENTENCE? Loss of citizenship-Change in marital relationship-Loss of power of procreation (vasectomy)—A criminal record-Use of dead body for scientific purposes.

59-91

92-100

101-117