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From Wikipedia, the free encyclopedia
"Imprisoned" redirects here. For the film, see Imprisoned (film).
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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), 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 prison employed for the purpose according to the provisions of the law. [1]
Imprisonment can range from simple verbal detainment all the way to full
fledged immurement.
Sometimes gender imbalances occur in imprisonment rates, with incarceration of
males proportionately more likely than incarceration of females.
History[edit]
Africa[edit]
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.[2][3] In the colonial period, imprisonment provided a source of labor and a
means of suppression.[2] The use of imprisonment has continued to the present day. [3]
Australia[edit]
Incarceration in what became known as Australia was introduced
through colonization. As noted by scholar Thalia Anthony, the Australian settler
colonial state has engaged in carceral tactics of containment and segregation
against Aboriginal Australians since colonizers first arrived, "whether that be
for Christian, civilizing, 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. [4]
England and Wales[edit]
In English law, imprisonment is the restraint of a person's liberty.[5] The 17th century
book Termes 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 without bail or mainprise or otherwise.[6]
Imprisonment without lawful cause is a tort called false imprisonment.[7] In England
and Wales, a much larger proportion of the black population is imprisoned than of
the white.[8]
Release[edit]
Release from imprisonment may occur when a prison sentence has been served,
conditionally such as on probation, or for humanitarian reasons.[9] Prisoners of
war may be released as a result of the end of hostilities or a prisoner exchange.
Prisoners serving a full life or indefinite sentence may never be released.[10]
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.[11] Various factors have been investigated as to their
influence on post-release recidivism, such as family and other relationships,
employment, housing and ability to quit drug use. [12]
See also[edit]
Criminal justice
Detention (imprisonment)
Imprisonment for public protection
Incarceration in Norway
Life imprisonment
Prison
Prisoner of war
Rehabilitation (penology)
Restorative justice
References[edit]
1. ^ "Imprisonment". The New International Encyclopedia. Second Edition. Dodd, Mead and
Company. New York. 1915. Volume XII. Page 35.
2. ^ Jump up to:a b Sarkin, Jeremy (December 2008). "Prisons in Africa: An Evaluation from
a Human Rights Perspective" (PDF). International Journal on Human Rights. 5: 24.
3. ^ Jump up to:a b Isaac Weldesellasie, Kebreab (2017). Chernor Jalloh, Charles; Bantekas,
Ilias (eds.). The International Criminal Court and Africa. Oxford University Press.
pp. 253–254. ISBN 9780198810568.
4. ^ Anthony, Thalia (2019). "Settler-Colonial Governability: The Carceral Webs Woven by
Law and Politics". In Nakata, Sana (ed.). Questioning Indigenous-Settler Relations:
Interdisciplinary Perspectives. Springer Singapore. pp. 33–40. ISBN 9789811392054.
5. ^ Archbold Criminal Pleading, Evidence and Practice. 1999. Chapter 5. Section II.
"Sentences of Imprisonment".
6. ^ John Rastell. Termes de la Ley. 1636. Page 202. Digital copy from Google Books.
7. ^ Clerk and Lindsell on Torts. Sweet and Maxwell. Sixteenth Edition. 1989. Paragraph 17-
15 at page 972.
8. ^ Flynn, Nick (1998). Introduction to Prisons and Imprisonment. Introductory Series.
Winchester: Waterside Press. p. 79. ISBN 9781872870373. Retrieved 19
August 2019. 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.
9. ^ "Compassionate Release/Reduction in Sentence: Procedures for Implementation of 18
U.S.C. §§ 3582(c)(1)(A) and 4205(g)" (PDF). United States Federal Bureau of Prisons.
Archived from the original (PDF) on 3 September 2013. Retrieved 2 May 2014.
10. ^ "Types of prison sentences: Life sentences". GOV.UK. Retrieved 2022-04-29.
11. ^ Stanton, Ann E.; Kako, Peninnah; Sawin, Kathleen J. (2016). "Mental Health Issues of
Women After Release from Jail and Prison: A Systematic Review". Issues in Mental
Health Nursing. 37 (5): 299–
331. doi:10.3109/01612840.2016.1154629. PMID 27100407. S2CID 35846437.
12. ^ "The Reentry Process: How Parolees Adjust to Release from Prison". Retrieved 2022-
04-29.
External links[edit]
The dictionary definition of imprisonment at Wiktionary
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Incarceration
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Types of law enforcement agencies
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Authority control
Category:
Imprisonment and detention
This page was last edited on 19 July 2023, at 00:22 (UTC).
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