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It is plain from many decrees in the Corpus Juris Canonici that the Roman Catholic Church has claimed and exercised the right, belonging to a perfect and visible society, of protecting its members by condemning the guilty to imprisonment. The object of prisons originally, both among the Hebrews and the Romans, was merely the safe-keeping of a criminal, real or pretended, until his trial. The ecclesiastical idea of imprisonment, however, is that confinement be made use of both as a punishment and as affording an opportunity for reformation and reflection.
This method of punishment was anciently applied even to clerics. Thus, Boniface VIII (cap. "Quamvis", iii, "De poen.", in 6) decrees:
Although it is known that prisons were specially instituted for the custody of criminals, not for their punishment, yet we shall not find fault with you if you commit to prison for the performance of penance, either perpetually or temporarily as shall seem best, those clerics subject to you who have confessed crimes or been convicted of them, after you have carefully considered the excesses, persons and circumstances involved in the case.
The Church adopted the extreme punishment of perpetual imprisonment because, by the canons, the execution of offenders, whether clerical or lay, could not be ordered by ecclesiastical judges. It was quite common in ancient times to imprison in monasteries, for the purpose of doing penance, those clerics who had been convicted of grave crimes (c. vii, dist. 50). The "Corpus Juris", however, says (c. "Super His", viii, "De poen.") that incarceration does not of itself inflict the stigma of infamy on a cleric, as is evident from a papal pronouncement on the complaint of a cleric who had been committed to prison because he vacillated in giving testimony. The reply recorded is that imprisonment does not ipso facto carry with it any note of infamy.
As to monastic prisons for members of religious orders, we find them recorded in decrees dealing with the incorrigibility of those who have lost the spirit of their vocation. Thus, by command of Urban VIII, the Congregation of the Council (21 September 1624) decreed:
For the future, no regular, legitimately professed, may be expelled from his order unless he be truly incorrigible. A person is not to be judged truly incorrigible unless not only all those things are found verified which are required by the common law (notwithstanding the constitutions of any religious order even confirmed and approved by the Holy See), but also, until the delinquent has been tried by fasting and patience for one year in confinement. Therefore, let every order have private prisons, at least one in every province.
The crimes in question must be such as by natural or civil law would merit the punishment of death or imprisonment for life (Reiffenstuel, "Jus Can. univ.", no. 228). Innocent XII reduced the year required by the above-mentioned decree to six months (Decree "Instantibus", 2). A decree of the Sacred Congregation of the Council (13 November 1632) declares that a religious is not to be judged incorrigible because he flees from imprisonment, unless, after being punished three times, he should make a fourth escape. As the civil laws do not, at present, permit of incarceration by private authority, the Congregation on the Discipline of Regulars has decreed (22 January 1886) that trials for incorrigibility, preceding dismissal, should be carried out by summary, not formal, process, and that for each case recourse should be had to Rome. A vestige of the monastic imprisonment (which, of course, nowadays depends only on moral force) is found in the decree of Leo XIII (4 November 1892), in which he declares that religious who have been ordained and wish to leave their order cannot, under pain of perpetual suspension, depart from the cloister (exire ex clausura) until they have been adopted by a bishop.
In English law, the benefit of clergy was originally a provision by which clergymen could claim that they were outside the jurisdiction of the secular courts and be tried instead in an ecclesiastical court under canon law. Various reforms limited the scope of this legal arrangement to prevent its abuse, including branding of a thumb upon a first use, to limit number of invocations for some. Eventually the benefit of clergy evolved into a legal fiction in which first-time offenders could receive lesser sentences for some crimes. The legal mechanism was abolished in 1827 with the passage of the Criminal Law Act 1827.
Imprisonment in law is the specific state of being physically incarcerated or confined in an institutional setting such as a prison. Courts of the United States, including the U.S. Supreme Court, have recognized that the minimum period in an indeterminate sentence that was actually imposed by a court of law is the official term of imprisonment. In other words, any "street time" that was ordered by the court as part of the defendant's punishment does not constitute term of imprisonment.
Solitary confinement is a form of imprisonment distinguished by living in single cells with little or no meaningful contact to other inmates, strict measures to control contraband, and the use of additional security measures and equipment. It is specifically designed for disruptive inmates who are security risks to other inmates, the prison staff, or the prison itself. It is mostly employed for violations of discipline, such as violence against others, or as a measure of protection for inmates whose safety is threatened by other inmates.
Crimen sollicitationis is the title of a 1962 document ("instruction") of the Holy Office codifying procedures to be followed in cases of priests or bishops of the Catholic Church accused of having used the sacrament of Penance to make sexual advances to penitents. It repeated, with additions, the contents of an identically named instruction issued in 1922 by the same office.
Incarceration in the United States is a primary form of punishment and rehabilitation for the commission of felony and other offenses. The United States has the largest prison population in the world, and the highest per-capita incarceration rate. In 2018 in the US, there were 698 people incarcerated per 100,000; this includes the incarceration rate for adults or people tried as adults. In 2016, 2.2 million Americans have been incarcerated, which means for every 100,000 there are 655 who are currently inmates. Prison, parole, and probation operations generate an $81 billion annual cost to U.S. taxpayers, while police and court costs, bail bond fees, and prison phone fees generate another $100 billion in costs that are paid by individuals.
The prison abolition movement is a network of groups and activists that seek to reduce or eliminate prisons and the prison system, and replace them with systems of rehabilitation that do not place a focus on punishment and government institutionalization. The prison abolitionist movement is distinct from conventional prison reform, which is the attempt to improve conditions inside prisons.
A nationwide judicial system in Iran was first implemented and established by Abdolhossein Teymourtash under Reza Shah, with further changes during the second Pahlavi era.
Prison reform is the attempt to improve conditions inside prisons, improve the effectiveness of a penal system, or implement alternatives to incarceration. It also focuses on ensuring the reinstatement of those whose lives are impacted by crimes.
A religious is, in the terminology of many Western Christian denominations, such as the Catholic Church, Lutheran Churches, and Anglican Communion, what in common language one would call a "monk" or "nun", as opposed to an ordained "priest". A religious may also be a priest if he has undergone ordination, but in general he is not.
Clerics regular are clerics who are members of a religious order under a rule of life (regular). Clerics regular differ from canons regular in that they devote themselves more to pastoral care, in place of an obligation to the praying of the Liturgy of the Hours in common, and have fewer observances in their rule of life.
The Corpus Juris Canonici is a collection of significant sources of the canon law of the Catholic Church that was applicable to the Latin Church. It was replaced by the 1917 Code of Canon Law which went into effect in 1918. The 1917 Code was later replaced by the 1983 Code of Canon Law, the codification of canon law currently in effect for the Latin Church. In 1990, Oriental canon law was codified in the Code of Canons of the Eastern Churches, which is currently in effect for the Eastern Catholic Churches.
Perpetual curate was a class of resident parish priest or incumbent curate within the United Church of England and Ireland. The term is found in common use mainly during the first half of the 19th century. The legal status of perpetual curate originated as an administrative anomaly in the 16th century. Unlike ancient rectories and vicarages, perpetual curacies were supported by a cash stipend, usually maintained by an endowment fund, and had no ancient right to income from tithe or glebe.
Incapacitation in the context of criminal sentencing philosophy is one of the functions of punishment. It involves capital punishment, sending an offender to prison, or possibly restricting their freedom in the community, to protect society and prevent that person from committing further crimes. Incarceration, as the primary mechanism for incapacitation, is also used as to try to deter future offending.
The separate system is a form of prison management based on the principle of keeping prisoners in solitary confinement. When first introduced in the early 19th century, the objective of such a prison or "penitentiary" was that of penance by the prisoners through silent reflection upon their crimes and behavior, as much as that of prison security. More commonly however, the term "separate system" is used to refer to a specific type of prison architecture built to support such a system.
Vagrancy is the condition of homelessness without regular employment or income. Vagrants usually live in poverty and support themselves by begging, garbage scraping, petty theft, temporary work, or welfare.
A prison 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.
The Portuguese Penal Code was adopted in 1982 and has been revised on several occasions, most recently in 2007. It devotes a whole chapter on "crimes against human life". In fact, the very first crime addressed on that code is murder.
A prisoner is a person who is deprived of liberty against their will. This can be by confinement, captivity, or forcible restraint. The term applies particularly to serving a prison sentence in a prison. This term no longer applies to pre-trial defendants.
The alternatives to imprisonment are types of punishment or treatment other than time in prison that can be given to a person who is convicted of committing a crime. Some of these are also known as alternative sanctions. Alternatives can take the form of fines, restorative justice, transformative justice or no punishment at all. Capital punishment, corporal punishment and electronic monitoring are also alternatives to imprisonment, but are not promoted by modern prison reform movements for decarceration.
A censure, in the canon law of the Catholic Church, is a medicinal and spiritual punishment imposed by the church on a baptized, delinquent, and contumacious person, by which he is deprived, either wholly or in part, of the use of certain spiritual goods, until he recover from his contumacy.