A military prison is a prison operated by a military. Military prisons are used variously to house prisoners of war, unlawful combatants, those whose freedom is deemed a national security risk by the military or national authorities, and members of the military found guilty of a serious crime. There are two types: penal and confinement-oriented, where captured enemy combatants are confined for military reasons until hostilities cease [citation needed]. Most militaries have some sort of military police unit operating at the divisional level or below to perform many of the same functions as civilian police, from traffic-control to the arrest of violent offenders and the supervision of detainees and prisoners of war.
The Australian Defence Force states it has no prisons.[1] Instead they have a single facility, the Defence Force Correctional Establishment, which aims to rehabilitate members who have been sentenced to detention for breaching military regulations or law; employees of the establishment are considered "instructors" rather than guards.[2] Military personnel may be sent there for between 14 days' to two years' rehabilitation before returning to active duty; the average sentence is about 23 days. In addition, there are 15 detention centres located within military bases across Australia.[3]
Canada
The Canadian Forces have one military prison, the Canadian Forces Service Prison and Detention Barracks (CFSPDB) (colloquially known as Club Ed), located at Canadian Forces Base Edmonton. Canadian Forces personnel who are convicted by military courts and receive a sentence of 14 days or more are incarcerated at CFSPDB. Men, although in the same prison, are kept separate from women. The prison is maintained and controlled by the Canadian Forces Military Police, although NCOs from various branches of the Canadian Forces serve at the prison as staff. Service personnel who are convicted of less serious offences are considered to be in "detention", and undergo a strict military routine aimed at rehabilitation for their return to regular military service, whereas personnel convicted of more serious offences are considered to be in "prison" and upon completion of their sentence they are released from the military. Serious offenders with sentences longer than two years are transferred to the Canadian federal prison system after serving 729 days, to complete their sentence in the civilian prison system, followed by release from the Canadian Forces. Any service personnel serving a sentence of 14 days or less are held in local base Military Police Detachment cells at the various Canadian Forces Bases within Canada.[4]
Israel
The Israeli Military Prison is a prison for guarding soldiers who committed crimes during their service.
In Switzerland, there are no special military prisons. Sentences are to be served in civilian prisons.[citation needed]
United Kingdom
The United Kingdom has one military correctional facility. (It has no establishments that would be considered prisons.) The Military Corrective Training Centre (colloquially known as the Glasshouse after the former military prison in Aldershot), in the town of Colchester, is where non-commissioned servicemen and -women who are convicted by military courts and sentenced to more than 28 days, but less than three years, will be incarcerated. Women, although in the same prison, are kept separate from men. The facility is maintained and controlled by the British Army's Military Provost Staff (Adjutant General's Corps). More serious offenders with longer sentences are transferred to HM Prison Service as part of their dishonourable discharge. There are three categories of prisoner:
Today's American military prison systems are designed to house people who commit a criminal offense while in service.[8] There is a distinction in the male and female prison organization system. Male military prisons have a tier system that is based on the length of a prisoner's sentence. Tier I prisoners have been sentenced up to one year.[9] The army does not operate any tier I prisons. Tier II prisoners, with sentences of up to seven years, make up 65% of the incarcerated.[9] Men sentenced to more than seven years, or for national security crimes, are confined in the USDB at Fort Leavenworth. This tier system based on sentence length differs from typical American prisons which are characterized by their level of security. For women this tier system does not exist. Women convicted of felonies are housed at Naval Consolidated Brig, Miramar located at the Marine Corps Air Station Miramar near San Diego, California.[10][11]
Composition
Data from the Bureau of Justice Statistics breaks down military prisoners by five different military branches. As of 2020 the confined population by branch was 557 prisoners from the Army, 253 prisoners from the Marine Corps, 156 prisoners from the Navy, 7 prisoners from the Coast Guard, and 227 prisoners from the Air Force.[7] 44 of these prisoners were military officers. A significant number of these prisoners are males, with only 54 being female.[12][needs update] A plurality were Caucasian, followed by African Americans and Hispanics.[12][needs update] Most of the crimes committed by military prisoners are violent offenses, with violent sexual crimes being 41.1% of the crime.[7] The next most frequent crimes committed by military prisoners are drug-related offenses, followed by property offenses, such as theft.[7] There are a small percentage of other crimes committed, such as military offenses.[7] Military offense examples are disrespect, insubordination, and false offense statements. The most recent data from 2020 of military prisoners has shown a small drop from 1214 prisoners in 2019 to 1180 in 2020.[7]
Incarceration of prisoners-of-war
The Geneva Conventions provides an international protocol defining minimum requirements and safeguards for prisoners of war. Prisoners are often kept in ad hoc camps near the battlefield, guarded by military police until they can be transferred to more permanent barracks for the duration of the conflict. Treatment has varied from age to age and nation to nation, the quality of conditions for prisoners often being linked with the intensity of the conflict and the resources of the warring parties.
In popular culture
Military prisons and the treatment of military prisoners have often figured prominently in modern literature, cinema and even politics. In the 19th century, written accounts of the barbaric treatment accorded prisoners on both sides during the Napoleonic and Crimean wars helped lead to the founding of the Red Cross and the promulgation of the Geneva Conventions.
There are numerous examples of 20th and 21st-century cinema dealing with military prisons. Stalag 17 (1953) portrays the struggles of a group of American airmen in a German Luftwaffe prison and is based on the play of the same name written by former prisoners of war. The Caine Mutiny (1954) deals with the military legal system during World War II. The Great Escape (1963), details the true-life adventures of a mixed group of Allied prisoners attempting to escape from a German Luftwaffe stalag. The Hill (1965) was set in a British military penal camp in North Africa during World War II. The Last Detail (1973) is a film that tells the story of two sailors assigned to a temporary detail transporting a prisoner. Andersonville (1996) and The Andersonville Trial (1970), both TV movies, dealt with the conditions at Andersonville Prison and its aftermath. The Last Castle (2001) shows a former U.S. Army general who is sent to a military prison after contradicting a direct order. Hart's War (2002) features American POWs in a German prison camp.
↑ Burton, Sean (19 June 2002). "A correct approach". Air Force. Department of Defence. Archived from the original on 26 April 2016. Retrieved 10 April 2016.
1 2 Haasenritter, David K. (2003). "Correctional System: An Overview". Corrections Today. 65 (7). American Correctional Association: 58–61. ISSN0190-2563– via MasterFILE Complete.
A court-martial or court martial is a military court or a trial conducted in such a court. A court-martial is empowered to determine the guilt of members of the armed forces subject to military law, and, if the defendant is found guilty, to decide upon punishment. In addition, courts-martial may be used to try prisoners of war for war crimes. The Geneva Conventions require that POWs who are on trial for war crimes be subject to the same procedures as would be the holding military's own forces. Finally, courts-martial can be convened for other purposes, such as dealing with violations of martial law, and can involve civilian defendants.
Military justice is the body of laws and procedures governing members of the armed forces. Many nation-states have separate and distinct bodies of law that govern the conduct of members of their armed forces. Some states use special judicial and other arrangements to enforce those laws, while others use civilian judicial systems. Legal issues unique to military justice include the preservation of good order and discipline, the legality of orders, and appropriate conduct for members of the military. Some states enable their military justice systems to deal with civil offenses committed by their armed forces in some circumstances.
Military police (MP) are law enforcement agencies connected with, or part of, the military of a state. In wartime operations, the military police may support the main fighting force with force protection, convoy security, screening, rear reconnaissance, logistic traffic management, counterinsurgency, and detainee handling.
Parole is a form of early release of a prison inmate where the prisoner agrees to abide by behavioral conditions, including checking-in with their designated parole officers, or else they may be rearrested and returned to prison.
Probation in criminal law is a period of supervision over an offender, ordered by the court often in lieu of incarceration.
The United States Disciplinary Barracks (USDB), colloquially known as Leavenworth, is a military correctional facility located on Fort Leavenworth, a United States Army post in Kansas. It is one of two major prisons built on Fort Leavenworth property, the other is the military Midwest Joint Regional Correctional Facility, which opened on 5 October 2010. It reports to the United States Army Corrections Command and its commandant usually holds the rank of colonel.
A federal prison is operated under the jurisdiction of a federal government as opposed to a state or provincial body. Federal prisons are used for convicts who violated federal law, inmates considered dangerous (Brazil), or those sentenced to longer terms of imprisonment (Canada). Not all federated countries have a legal concept of "federal prison".
Incarceration in the United States is one of the primary means of punishment for crime in the United States. In 2023, over five million people were under supervision by the criminal justice system, with nearly two million people incarcerated in state or federal prisons and local jails. The United States has the largest known prison population in the world, it has 5% of the world’s population, and 20% of the world’s incarcerated persons. China, with four times more inhabitants, has fewer persons in prison. Prison populations grew dramatically beginning in the 1970s, but began a decline around 2009, dropping 25% by year-end 2021.
The Canadian Forces Military Police provide police, security and operational support services to the Canadian Armed Forces (CAF) and the Department of National Defence (DND) worldwide.
The penal system of Japan is part of the criminal justice system of Japan. It is intended to resocialize, reform, rehabilitate and punish offenders. The penal system is operated by the Correction Bureau of the Ministry of Justice.
The use of capital punishment by the United States military is a legal punishment in martial criminal justice. Despite its legality, capital punishment has not been imposed by the U.S. military in over sixty years.
Provosts are military police (MP) whose duties are policing solely within the armed forces of a country, as opposed to gendarmerie duties in the civilian population. However, many countries use their gendarmerie for provost duties.
The penal system in China is composed of an administrative detention system and a judicial incarceration system. As of 2020, it is estimated that 1.7 million people had been incarcerated in China, which is the second-highest prison population after the United States. The country's per-capita incarceration rate is 121 per 100,000. China also retains the use of the death penalty with the approval of the Supreme People's Court, and there is a system of death penalty with reprieve in which the sentence is suspended unless the convict commits another major crime within two years while they are detained.
According to the World Prison Brief the United States in 2021 had the sixth highest incarceration rate in the world, at 531 people per 100,000. Between 2019 and 2020, the United States saw a significant drop in the total number of incarcerations. State and federal prison and local jail incarcerations dropped by 14% from 2.1 million in 2019 to 1.8 million in mid-2020. In 2018, the United States had the highest incarceration rate in the world.
A prison, also known as a jail, gaol, penitentiary, detention center, correction center, correctional facility, or remand center, is a facility where people are confined against their will and denied a variety of freedoms under the authority of the state, generally as punishment for various crimes. Authorities most commonly use prisons within a criminal-justice system: people charged with crimes may be imprisoned until their trial; those who have pled or been found guilty of crimes at trial may be sentenced to a specified period of imprisonment.
Indefinite imprisonment or indeterminate imprisonment is the imposition of a sentence of imprisonment with no definite period of time set during sentencing. It was imposed by certain nations in the past, before the drafting of the United Nations Convention against Torture (CAT). The length of an indefinite imprisonment was determined during imprisonment based on the inmate's conduct. The inmate could have been returned to society or be kept in prison for life.
The Defence Force Correctional Establishment (DFCE) forms the highest tier in the detention system of the Australian Defence Force (ADF). The tri-service facility is used by all the branches of the military. It was established in 1989 and, since 1992, has been located within Holsworthy Barracks in Sydney, New South Wales, Australia.
Decarceration in the United States involves government policies and community campaigns aimed at reducing the number of people held in custody or custodial supervision. Decarceration, the opposite of incarceration, also entails reducing the rate of imprisonment at the federal, state and municipal level. As of 2019, the US was home to 5% of the global population but 25% of its prisoners. Until the COVID-19 pandemic, the U.S. possessed the world's highest incarceration rate: 655 inmates for every 100,000 people, enough inmates to equal the populations of Philadelphia or Houston. The COVID-19 pandemic has reinvigorated the discussion surrounding decarceration as the spread of the virus poses a threat to the health of those incarcerated in prisons and detention centers where the ability to properly socially distance is limited. As a result of the push for decarceration in the wake of the pandemic, as of 2022, the incarceration rate in the United States declined to 505 per 100,000, resulting in the United States no longer having the highest incarceration rate in the world, but still remaining in the top five.
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