Eastern State Penitentiary: Pic of the Week

The following is a guest post by Esra Eroğlu, a foreign law intern working with Foreign Law Specialist Jenny Gesley at the Global Legal Research Directorate of the Law Library of Congress.

On a recent trip to Philadelphia, Pennsylvania, I had the opportunity to visit the Eastern State Penitentiary. As someone interested in criminal law, the Eastern State Penitentiary is an important site to learn about U.S. penal system history, and was a “must-stop” destination recommended to me. When it opened in 1829, it introduced the “Pennsylvania system,” a new approach to incarceration built on solitary reflection in individual cells and silence, also known as the separate system. The cells were built with feed doors and individual adjoining yards to minimize the contact of the prisoners with the guards and other prisoners as much as possible. (Timeline, April 23, 1829.) This was supposed to lead the prisoners to reflect on their actions independently of outside influences and, eventually, become remorseful or “penitent.” The new concept and the philosophy behind it moved away from the chaotic and violent prisons and punishments of the late 18th and early 19th century and attracted visitors from all over the world.

One of Eastern State Penitentiary’s most famous inmates was Al Capone. At the time, the press described his cell as surprisingly well furnished, with—considering the circumstances—luxurious furniture and paintings on the walls. (Philadelphia Public Ledger, at 1.)

Many critics considered the Pennsylvania system to be harmful. For instance, Charles Dickens visited the Eastern State Penitentiary in 1842. He found that “there is a depth of terrible endurance in it which none but the sufferers themselves can fathom, and which no man has a right to inflict upon his fellow-creature.” (Dickens, American Notes for General Circulation, at 124.) Yet, the Pennsylvania system was also an attempt to shift the purpose of incarceration towards rehabilitation rather than pure punishment.

Pennsylvania shut down the Eastern State Penitentiary in 1970 as the cost of maintaining the aging facility became unsustainable. Today, the former penitentiary operates as a museum and is preserved in a state of sustained ruin. The historic site invites visitors to walk right through its history and reflect on the “criminal justice system and its impact on the lives of those affected by it.” The museum highlights that the question of how prison systems should be shaped remains relevant today.

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