Incarceration
Restraint of liberty, lawful or not, across history and regions.
Imprisonment, also called incarceration, involves restricting someone’s freedom for any reason—whether done legally by the government or illegally by an individual (the latter being false imprisonment). It doesn’t require a locked cell; any use or show of force, like handcuffing someone, can constitute imprisonment, even in a public street. A word or touch from a proper officer can make someone a prisoner anywhere. Still, the common understanding of imprisonment is confinement against one’s will in a prison set up by law. Men are imprisoned at higher rates than women. Despite reforms aimed at improving prison conditions for human rights reasons, the practice of imprisonment itself and the length of sentences have largely avoided human rights scrutiny, even though evidence shows it causes harm similar to torture and ill-treatment. Prison abolition remains a fringe idea, not mainstream, even amid criticism of mass incarceration in the United States and the defund the police movement. Before colonization, sub-Saharan Africa used imprisonment mainly for pretrial detention, to secure compensation, or as a last resort—not as punishment, except in the Songhai Empire (1464–1591) and during the Atlantic slave trade. Under colonial rule, prisons became a source of labor and a tool of suppression. This use continues today. Incarceration in Australia began with colonization. Scholar Thalia Anthony notes that the settler colonial state has used carceral tactics—containment and segregation—against Aboriginal Australians since the first arrivals, whether for Christian, civilizing, protectionist, welfare, or penal reasons. Settlers created courts and passed laws without Indigenous consent, claiming authority over them and their land. When Indigenous people challenged these laws, they were imprisoned. In English law, imprisonment means restricting a person’s liberty. The 17th-century book Termes de la Ley defines it as: “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.” Imprisonment without legal cause is the tort of false imprisonment. In England and Wales, a much larger share of the Black population is imprisoned than of the white population. When prisoners finish their sentence, begin probation, or receive compassionate release, they are no longer considered prisoners and are freed. Prisoners of war may be released when hostilities end or through an exchange. Those serving full-life or indefinite sentences may never be released. Released prisoners can face psychiatric disorders, criminalized behaviors, and trouble meeting basic needs. Some serious offenders (those convicted of felonies or indictable offenses) face post-release restrictions, such as bans on buying firearms or exclusion from jury duty. Authorities may provide post-release resources. Factors studied for their effect on recidivism include family and other relationships, employment, housing, and the ability to quit drug use.
Quick Facts
- Definition
- Restraint of a person's liberty
- False imprisonment
- Imprisonment without lawful cause
- Historical use in australia
- Introduced through colonization, used against Aboriginal Australians
Facts from the source article.
Lore & Background
In English law, imprisonment is the restraint of a person’s liberty, which can occur anywhere—in the open street, in one’s own home, in stocks, or in common gaols. As defined in the 17th-century legal text Termes de la Ley, a person is considered a prisoner as long as they cannot freely go where they will without bail or mainprise. Imprisonment does not require confinement behind bars; it may be effected by any use or display of force, such as handcuffs, or even by the mere word or touch of a duly authorized officer. When carried out without lawful authority, it constitutes the tort of false imprisonment. Historically, imprisonment has been used for pre-trial detention and as a last resort, but not generally as punishment, in many pre-colonial sub-Saharan African societies, though the Songhai Empire and the Atlantic slave trade saw its punitive use. Colonial powers introduced imprisonment to Australia as a means of containment and segregation against Aboriginal peoples, using invented courts and laws to imprison those who challenged colonial jurisdiction. In England and Wales, a much larger proportion of the black population is imprisoned than of the white. Globally, imprisonment rates show a gender imbalance, with males incarcerated proportionately more often than females. Although reforms have addressed conditions of imprisonment on human rights grounds, the practice itself and sentence lengths have largely escaped such scrutiny, despite evidence of harm comparable to recognized ill-treatment. The prison abolition movement, while growing, remains non-mainstream, even amid criticism of mass incarceration in the United States and the defund the police movement.
Reader's Guide
Imprisonment has been used historically in varied contexts. In sub-Saharan Africa before colonization, it was employed for pre-trial detention, to secure compensation, and as a last resort, but not generally as punishment, except in the Songhai Empire and in connection with the Atlantic slave trade. During the colonial period, imprisonment provided a source of labor and a means of suppression. In Australia, incarceration was introduced through colonization, and settler colonial states used carceral tactics of containment and segregation against Aboriginal Australians from the start, for Christian, civilizing, protectionist, welfare, or penal purposes. When Indigenous peoples challenged settler laws, they were imprisoned. Although reforms have targeted conditions of imprisonment on human rights grounds, imprisonment itself and sentence lengths have largely escaped such scrutiny despite evidence of harm similar to recognized ill-treatment and torture. Prison abolition is a growing movement but not mainstream, despite criticism of mass incarceration in the United States and the defund the police movement.
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