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In the mid-1800s, Great Britain was overwhelmed by a crisis in corrections. The American colonies, having declared their independence in 1776, were henceforth unavailable for use as a destination for transported prisoners. Using Australia as a substitute thereafter proved to be expensive and ineffective. Hulks—disease-ridden, decommissioned ships moored in various rivers—were abandoned as a housing option as simply inhumane and archaic. These circumstances created fertile conditions for limited experimentation at various sites within Britain's far-flung colonial empire. Such was the case when Captain Alexander Maconochie tried something new at Norfolk Island in the South Pacific in 1854, a “marks system.” Closer to home, Walter Crofton, employing some of the same concepts, is often credited with instituting reforms in Ireland in 1854. Accordingly, the system embodying these changes became known within the correctional community as the Irish marks system.

Some experts believe that Major Joshua Jebb, surveyor-general of the overall British prison system, was the real author of some of these reforms. In any case, he certainly allowed the “progressive stage system” to come into existence. The stages differed in various colonial locations and eventually led to their modification and use under the aegis of Zebulon Brockway, in the post–Civil War era at the Elmira Reformatory in upstate New York.

The Progressive Stage System in British Prisons

In the initial stage of the progressive stage system, the prisoner would be kept in isolation, as in the penitentiary system. In that earlier system, it was hoped that the prisoner would see the error of his ways, be suitably penitent, and reform. The prisoner would, however—even if suitably chastened and saved through the grace of God—remain in solitary for the remainder of his sentence. Although favored by religious leaders, this system was expensive, and the isolation imposed led to insanity among inmates.

Under the progressive stage system, isolation would last for only a short time. In the second stage, inmates would be sent to conduct public works within prison settings. It was thought that keeping prisoners employed would both build character and serve the public weal.

The final stage contained the most controversial elements of the day, involving a form of conditional release, or “ticket of leave,” that was based on institutional adjustment. That is, prisoners who behaved well while in prison were released early. After some understandable hesitancy and opposition from the public and politicians, this policy, which gave prison administrators increased control over inmates, was implemented.

Maconochie on Norfolk Island

Alexander Maconochie, in a report written while secretary to the colonial governor of Van Diemen's Land (modern Tasmania), condemned convict labor as brutalizing in general. His critique, similar to that of American abolitionists, was that this system, in which absolute power was exercised by the few over the many, created a grossly distorted and pathological social nexus. His solution, which was to be implemented in isolated Norfolk Island, was a marks system. Convicts earned good marks for good behavior and lost them for violating rules.

Maconochie believed that this system would lead to the end of physical punishment and coercion. Prisoners would learn to work cooperatively, and the cultivation of this cooperative behavior would ease their reentry into general society. Isolation and punishment should occur at the beginning of the sentence, but the avowed purpose of imprisonment should be reformative, not retributive.

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