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Imprisonment orincarceration 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 considered "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 inhandcuffs), 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 actual confinement against one's will in aprison employed for the purpose according to the provisions of the law.[1] Generallygender imbalances occur in imprisonment rates, with incarceration of males proportionately more likely than incarceration of females.[2]
Although reforms have targeted conditions of imprisonment on human rights grounds, imprisonment itself and the length of sentences has largely escaped scrutiny on human rights grounds despite similar evidence for its harm compared to recognized forms ofill-treatment and torture.[3][4]Prison abolition is a growing movement but has not become a mainstream position, despite the criticism ofmass incarceration in the United States and thedefund the police movement.[5]
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.[6][7] In the colonial period, imprisonment provided a source of labor and a means of suppression.[6] The use of imprisonment has continued to the present day.[7]
Incarceration in what became known asAustralia was introduced throughcolonization. As noted by scholar Thalia Anthony, the Australiansettler colonial state has engaged in carceral tactics of containment and segregation againstAboriginal Australians since colonizers first arrived, "whether that be forChristian,civilizing, protectionist, welfare, or penal purposes." Whensettlers arrived, they invented courts and passed laws without consent of Indigenous peoples that stated that they hadjurisdiction over them and their lands. When Indigenous peoples challenged these laws, they were imprisoned.[8]
In English law, imprisonment is the restraint of a person'sliberty.[9] The 17th century bookTermes de la Ley contains the following definition:
Imprisonment is no other thing than the restraint of a man's liberty, whether it be in the open field, or in the stocks, or in the cage in the streets or in a man's own house, as well as in the common gaols; and in all the places the party so restrained is said to be a prisoner so long as he hath not his liberty freely to go at all times to all places whither he will withoutbail ormainprise or otherwise.[10]
Imprisonment without lawful cause is atort calledfalse imprisonment.[11]In England and Wales, a much larger proportion of the black population is imprisoned than of the white.[12]
When a prisoner completes serving their sentence, starts probation, or is given acompassionate release[13] they are no longer considered prisoners and arereleased to the outside world. Aprisoner of war may be released as a result of the end of hostilities or aprisoner exchange. Prisoners serving afull life orindefinite sentence may never be released.[14]
Released prisoners may suffer from issues including psychiatric disorders, criminalized behaviours and access to basic needs. Some criminals, particularly criminals convicted of serious crimes (felonies orindictable offenses,) are givenrestrictions after release, including bans from buying firearms or jury duty exclusion. Post release resources may be provided by the authorities.[15] Various factors have been investigated as to their influence on post-releaserecidivism, such as family and other relationships, employment, housing and ability to quit drug use.[16]
Black people are eight times more likely to be in prison than whites. Home Office figures show that the incarceration rate for black people is 1,162 per 100,000, compared to 146 per 100,000 for whites.
The dictionary definition ofimprisonment at Wiktionary| International | |
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