Imprisonment is the restraint of a person's liberty, for any cause whatsoever, whether by authority of the government, or by a person acting without such authority. In the latter case it is "
false imprisonment". Imprisonment does not necessarily imply a place of confinement, with bolts and bars, but may be exercised by any use or display of force (such as placing one in
handcuffs
Handcuffs are Physical restraint, restraint devices designed to secure an individual's wrists in proximity to each other. They comprise two parts, linked together by a Link chain, chain, a hinge, or rigid bar. Each cuff has a rotating arm whi ...
), lawfully or unlawfully, wherever displayed, even in the open street. People become prisoners, wherever they may be, by the mere word or touch of a duly authorized officer directed to that end. Usually, however, imprisonment is understood to imply an actual confinement in a jail or
prison employed for the purpose according to the provisions of the law.
Sometimes
gender imbalances occur in imprisonment rates, with incarceration of males proportionately more likely than incarceration of females.
History
Africa
Before colonisation, imprisonment was used in sub-Saharan Africa for pre-trial detention, to secure compensation and as a last resort but not generally as punishment, except in the Songhai Empire (1464–1591) and in connection with the slave trade.
In the colonial period, imprisonment provided a source of labor and a means of suppression.
The use of imprisonment has continued to the present day.
Australia
Incarceration in what became known as
Australia
Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...
was introduced through
colonization
Colonization, or colonisation, constitutes large-scale population movements wherein migrants maintain strong links with their, or their ancestors', former country – by such links, gain advantage over other inhabitants of the territory. When ...
. As noted by scholar Thalia Anthony, the Australian
settler colonial
Settler colonialism is a structure that perpetuates the elimination of Indigenous people and cultures to replace them with a settler society. Some, but not all, scholars argue that settler colonialism is inherently genocidal. It may be enacted ...
state has engaged in carceral tactics of containment and segregation against
Aboriginal Australians since colonizers first arrived, "whether that be for
Christian
Christians () are people who follow or adhere to Christianity, a monotheistic Abrahamic religion based on the life and teachings of Jesus Christ. The words ''Christ'' and ''Christian'' derive from the Koine Greek title ''Christós'' (Χρι ...
,
civilizing
A civilization (or civilisation) is any complex society characterized by the development of a state, social stratification, urbanization, and symbolic systems of communication beyond natural spoken language (namely, a writing system).
Ci ...
, protectionist, welfare, or penal purposes." When
settlers arrived, they invented courts and passed laws without consent of Indigenous peoples that stated that they had
jurisdiction over them and their lands. When Indigenous peoples challenged these laws, they were imprisoned.
England and Wales
In English law, imprisonment is the restraint of a person's
liberty. The 17th century book
Termes de la Ley
''Expositiones terminorum legum Angliae'' (in French, translated into English, 1527; reprinted 1629, 1636, 1641, &c., as ''Les Termes de la Ley'') is a book by John Rastell. It, and ''The Abbreviacion of Statutis'' (1519), are the best known of hi ...
contains the following definition:
Imprisonment without lawful cause is a
tort called
false imprisonment.
In England and Wales, a much larger proportion of the black population is imprisoned than of the white.
Release
Release from imprisonment may occur when a
prison sentence
In law, a sentence is the punishment for a crime ordered by a trial court after conviction in a criminal procedure, normally at the conclusion of a trial. A sentence may consist of imprisonment, a fine, or other sanctions. Sentences for multipl ...
has been served, conditionally such as on
probation, or for
humanitarian reasons.
Prisoners of war
A prisoner of war (POW) is a person who is held Captivity, captive by a belligerent power during or immediately after an armed conflict. The earliest recorded usage of the phrase "prisoner of war" dates back to 1610.
Belligerents hold priso ...
may be released as a result of the end of hostilities or a
prisoner exchange. Prisoners serving a
full life or
indefinite
Indefinite may refer to:
* the opposite of definite in grammar
** indefinite article
** indefinite pronoun
* Indefinite integral, another name for the antiderivative
* Indefinite forms in algebra, see definite quadratic forms
* an indefinite matr ...
sentence may never be released.
Released prisoners maybe suffer from issues including psychiatric disorders, criminalized behaviours and access to basic needs.
Post release resources may be provided by the authorities. Various factors have been investigated as to their influence on post-release
recidivism
Recidivism (; from ''recidive'' and ''ism'', from Latin ''recidīvus'' "recurring", from ''re-'' "back" and ''cadō'' "I fall") is the act of a person repeating an undesirable behavior after they have experienced negative consequences of th ...
, such as family and other relationships, employment, housing and ability to quit drug use.
See also
*
Criminal justice
*
Detention (imprisonment)
*
Imprisonment for public protection
*
Incarceration in Norway
Norway's criminal justice system focuses on the principles of restorative justice and the rehabilitation of prisoners. Correctional facilities in Norway focus on maintaining custody of the offender and attempting to make them a functioning mem ...
*
Life imprisonment
Life imprisonment is any sentence of imprisonment for a crime under which convicted people are to remain in prison for the rest of their natural lives or indefinitely until pardoned, paroled, or otherwise commuted to a fixed term. Crimes for ...
*
Prison
*
Prisoner of war
*
Rehabilitation (penology)
Rehabilitation is the process of re-educating and retraining those who commit crime. It generally involves psychological approaches which target the cognitive distortions associated with specific kinds of crime committed by particular offenders ...
*
Restorative justice
References
External links
*
{{Authority control