INTRODUCTION TO PRISON
Updated: Jan 16, 2020
A prison also known as a correctional facility, jail is a facility in which inmates are forcibly confined and denied a variety of freedoms under the authority of the state. Prisons are most commonly used within a criminal justice system: people charged with crimes may be imprisoned until their trial; those pleading or being found guilty of crimes at trial may be sentenced to a specified period of imprisonment. In simplest terms, a prison can also be described as a building in which people are legally held as a punishment for a crime they have committed. In times of war, prisoners of war or detainees may be detained in military prisons or prisoner of war camps, and large groups of civilians might be imprisoned in internment camps. In American English, prison and jail are usually treated as having separate definitions. The term prison or penitentiary tends to describe institutions that incarcerate people for longer periods, such as many years, and are operated by the state or federal governments. The term jail tends to describe institutions for confining people for shorter periods of time and are usually operated by local governments. Slang terms for imprisonment include: “behind bars”, “in stir” and “up the river”.
ANCIENT AND MEDIEVAL
The use of prisons can be traced back to the rise of the state as a form of social organization. In the early legal codes, the best-known code was the Code of Hammurabi, written in Babylon around 1750 BC. The penalties for violations of the laws in Hammurabi’s Code were almost exclusively centred on the concept of lex talionis (“the law of retaliation”), whereby people were punished as a form of vengeance, often by the victims themselves. Imprisonment as a penalty was used initially for those who could not afford to pay their fines. Eventually, since impoverished Athenians could not pay their fines, leading to indefinite periods of imprisonment, time limits were set instead. The prison in Ancient Athens was known as the desmoterion (“place of chains”). The Romans were among the first to use prisons as a form of punishment, rather than simply for detention. A variety of existing structures were used to house prisoners, such as metal cages, basements of public buildings, and quarries. One of the most notable Roman prisons was the Mamertine Prison, established around 640 B.C. by Ancus Marcius.
During the Middle Ages in Europe, castles, fortresses, and the basements of public buildings were often used as makeshift prisons. The possession of the right and the capability to imprison citizens, however, granted an air of legitimacy to officials at all levels of government, from kings to regional courts to city councils; and the ability to have someone imprisoned or killed served as a signifier of who in society possessed power or authority over others. Another common punishment was sentencing people to galley slavery, which involved chaining prisoners together in the bottoms of ships and forcing them to row on naval or merchant vessels.
From the late 17th century and during the 18th century, popular resistance to public execution and torture became more widespread both in Europe and in the United States. Particularly under the Bloody Code, with few sentencing alternatives, the imposition of the death penalty for petty crimes, such as theft, was proving increasingly unpopular with the public; many jurors were refusing to convict defendants of petty crimes when they knew the defendants would be sentenced to death. Rulers began looking for means to punish and control their subjects in a way that did not cause people to associate them with spectacles of tyrannical and sadistic violence. They developed systems of mass incarceration, often with hard labour, as a solution. The prison reform movement that arose at this time was heavily influenced by two somewhat contradictory philosophies. The first was based in Enlightenment ideas of utilitarianism and rationalism and suggested that prisons should simply be used as a more effective substitute for public corporal punishments such as whipping, hanging, etc. This theory, referred to as deterrence, claims that the primary purpose of prisons is to be so harsh and terrifying that they deter people from committing crimes out of fear of going to prison. The second theory, which saw prisons as a form of rehabilitation or moral reform, was based on religious ideas that equated crime with sin and saw prisons as a place to instruct prisoners in Christian morality, obedience and proper behaviour. These later reformers believed that prisons could be constructed as humane institutions of moral instruction and that prisoners’ behaviour could be “corrected” so that when they were released, they would be model members of society. The concept of the modern prison was invented in the early 19th-century. Punishment usually consisted of physical forms of punishment, including capital punishment, mutilation, flagellation (whipping), branding, and non-physical punishments, such as public shaming rituals (like the stocks). From the Middle Ages up to the 16th and 17th centuries in Europe, imprisonment was rarely used as a punishment in its own right, and prisons were mainly to hold those awaiting trial and convicts awaiting punishment.
TRANSPORTATION, PRISON SHIPS AND PENAL COLONIES
England used penal transportation of convicted criminals (and others generally young and poor) for a term of indentured servitude within the general population of British America between the 1610s and 1776. The Transportation Act 1717 made this option available for lesser crimes or offered it by discretion as a longer-term alternative to the death penalty, which could theoretically be imposed for the growing number of offences. The substantial expansion of transportation was the first major innovation in eighteenth-century British penal practice. Transportation to America was abruptly suspended by the Criminal Law Act 1776 with the start of the American Rebellion. While sentencing to transportation continued, the act instituted a punishment policy of hard labour instead. The suspension of transport also prompted the use of prisons for punishment and the initial start of a prison building program. Britain would resume transportation to specifically planned penal colonies in Australia between 1788 and 1868. Gaols at the time were run as business ventures, and contained both felons and debtors; the latter were often housed with their wives and younger children. The gaolers made their money by charging the inmates for food, drink, and other services, and the system was generally corruptible. One reform of the seventeenth century was the establishment of the London Bridewell as a house of correction for women and children. It was the first facility to make any medical services available to prisoners. With the widely used alternative of penal transportation halted in the 1770s, the immediate need for additional penal accommodations emerged. Given the undeveloped institutional facilities, old sailing vessels, termed hulks, were the most readily available and expandable choice to be used as places of temporary confinement. While conditions on these ships were generally appalling, their use and the labour thus provided set a precedent which persuaded many people that mass incarceration and labour were viable methods of crime prevention and punishment. The turn of the 19th century would see the first movement toward Prison reform, and by the 1810s, the first state prisons and correctional facilities were built, thereby inaugurating the modern prison facilities available today.
Prisons are normally surrounded by fencing, walls, earthworks, geographical features, or other barriers to prevent escape. Multiple barriers, concertina wire, electrified fencing, secured and defensible main gates, armed guard towers, security lighting, motion sensors, dogs and roving patrols may all also be present depending on the level of security. Remotely controlled doors, CCTV monitoring, alarms, cages, restraints, nonlethal and lethal weapons, riot-control gear and physical segregation of units and prisoners may all also be present within a prison to monitor and control the movement and activity of prisoners within the facility. Modern prison designs have increasingly sought to restrict and control the movement of prisoners throughout the facility and also to allow smaller prison staff to monitor prisoners directly; often using a decentralized “podular” layout. Smaller, separate and self-contained housing units known as “pods” or “modules” are designed to hold 16 to 50 prisoners and are arranged around exercise yards or support facilities in a decentralized “campus” pattern. A small number of prison officers, sometimes a single officer, supervise each pod. The pods contain tiers of cells arranged around a central control station or desk from which a single officer can monitor all the cells and the entire pod, control cell doors and communicate with the rest of the prison. Pods may be designed for high-security “indirect supervision”, in which officers in segregated and sealed control booths monitor smaller numbers of prisoners confined to their cells. An alternative is “direct supervision”, in which officers work within the pod and directly interact with and supervise prisoners, who may spend the day outside their cells in a central “dayroom” on the floor of the pod. Movement in or out of the pod to and from exercise yards, work assignments or medical appointments can be restricted to individual pods at designated times and is generally centrally controlled. Goods and services, such as meals, laundry, commissary, educational materials, religious services and medical care can increasingly be brought to individual pods or cells as well. Some modern prisons may exclude certain inmates from the general population, usually for safety reasons, such as those within solitary confinement, celebrities, political figures and former law enforcement officers, those convicted of sexual crimes and/or crimes against children, or those on the medical wing or protective custody.
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Credit : Article written by Kunal Arora