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Imprisonment

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 jail or prison employed for the purpose according to the provisions of the law.[1]

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.[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

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

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

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

References

  1. ^ "Imprisonment". The New International Encyclopedia. Second Edition. Dodd, Mead and Company. New York. 1915. Volume XII. Page 35.
  2. ^ 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. ^ 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. ^ (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

  •   The dictionary definition of imprisonment at Wiktionary

imprisonment, imprisoned, redirects, here, film, imprisoned, film, restraint, person, liberty, cause, whatsoever, whether, authority, government, person, acting, without, such, authority, latter, case, false, imprisonment, does, necessarily, imply, place, conf. Imprisoned redirects here For the film see Imprisoned film 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 jail or prison employed for the purpose according to the provisions of the law 1 Sometimes gender imbalances occur in imprisonment rates with incarceration of males proportionately more likely than incarceration of females Contents 1 History 1 1 Africa 1 2 Australia 2 England and Wales 3 Release 4 See also 5 References 6 External linksHistory EditAfrica 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 EditIn 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 EditRelease 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 EditCriminal justice Detention imprisonment Imprisonment for public protection Incarceration in Norway Life imprisonment Prison Prisoner of war Rehabilitation penology Restorative justiceReferences Edit Imprisonment The New International Encyclopedia Second Edition Dodd Mead and Company New York 1915 Volume XII Page 35 a b Sarkin Jeremy December 2008 Prisons in Africa An Evaluation from a Human Rights Perspective PDF International Journal on Human Rights 5 24 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 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 Archbold Criminal Pleading Evidence and Practice 1999 Chapter 5 Section II Sentences of Imprisonment John Rastell Termes de la Ley 1636 Page 202 Digital copy from Google Books Clerk and Lindsell on Torts Sweet and Maxwell Sixteenth Edition 1989 Paragraph 17 15 at page 972 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 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 Types of prison sentences Life sentences GOV UK Retrieved 2022 04 29 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 The Reentry Process How Parolees Adjust to Release from Prison Retrieved 2022 04 29 External links Edit The dictionary definition of imprisonment at Wiktionary Retrieved from https en wikipedia org w index php title Imprisonment amp oldid 1145888525, wikipedia, wiki, book, books, library,

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