 | The examples and perspective in this article deal primarily with the United States and the United Kingdom and do not represent a worldwide view of the subject.(May 2021) |
| Criminology and penology |
|---|
 |
A prisoner (also known as an inmate or detainee) is a person who is deprived of liberty against their will. This can be by confinement or captivity in a prison, or forcible restraint (handcuffs or shackles). The term usually applies to one serving a sentence in prison. [1]
"Prisoner" is a legal term for a person who is imprisoned. [3]
In section 1 of the Prison Security Act 1992, the word "prisoner" means any person for the time being in a prison as a result of any requirement imposed by a court or otherwise that he be detained in legal custody. [4]
"Prisoner" was a legal term for a person prosecuted for felony. It was not applicable to a person prosecuted for misdemeanour. [5] The abolition of the distinction between felony and misdemeanour by section 1 of the Criminal Law Act 1967 has rendered this distinction obsolete.
Glanville Williams described as "invidious" the practice of using the term "prisoner" in reference to a person who had not been convicted. [6]
The earliest evidence of the existence of the prisoner dates back to 8,000 BC from prehistoric graves in Lower Egypt.[ citation needed ] This evidence suggests that people from Libya enslaved a San-like tribe. [7] [ failed verification ] [8]
Some of the most extreme adverse effects suffered by prisoners appear to be caused by solitary confinement for long durations. When held in "Special Housing Units" (SHU), prisoners are subject to sensory deprivation and lack of social contact that can have a severe negative impact on their mental health.
A psychopathological condition identified as "SHU syndrome" has been observed among such prisoners. Symptoms are characterized as problems with concentration and memory, distortions of perception, and hallucinations. Most convicts suffering from SHU syndrome exhibit extreme generalized anxiety and panic disorder, with some suffering amnesia. [9]
The State-Trait Anxiety Inventory (STAI) was developed to understand the mechanisms behind anxiety. State anxiety describes anxiety that takes place in a stressful situation while trait anxiety is the tendency of feeling anxious in many situations because of a set of beliefs that an individual has that threatens their well-being . [10]
SHU syndrome is a term that was created by Psychiatrist Stuart Grassian to describe the six basic mechanisms that happen in a cognitive matter in prisoners that are in solitary confinements or supermax level cell prison. The six basic mechanisms that occur together are:
Stuart Grassian proposed that the symptoms are unique and are not found in any other situation. [11]
Long durations may lead to depression and changes in brain physiology. In the absence of a social context that is needed to validate perceptions of their environment, prisoners become highly malleable, abnormally sensitive, and exhibit increased vulnerability to the influence of those controlling their environment. Social connection and the support provided by social interaction are prerequisites to long-term social adjustment as a prisoner.
Prisoners exhibit the paradoxical effect of social withdrawal after long periods of solitary confinement. A shift takes place from a craving for greater social contact to a fear of it. They may grow lethargic and apathetic, and no longer be able to control their own conduct when released from solitary confinement. They can come to depend upon the prison structure to control and limit their conduct.
Long-term stays in solitary confinement can cause prisoners to develop clinical depression, and long-term impulse control disorder. Those with pre-existing mental illnesses are at a higher risk for developing psychiatric symptoms. [12] Some common behaviours are self-mutilation, suicidal tendencies, and psychosis. [9]
The psychological syndrome known as Stockholm syndrome describes a paradoxical phenomenon where, over time, hostages develop positive feelings towards their captors. [13] The victim's ego develops a series of defense mechanisms to achieve survival and cope with stress in a traumatic situation. [14]
The founding of ethnographic prison sociology as a discipline, from which most of the meaningful knowledge of prison life and culture stems, is commonly credited to the publication of two key texts: [15] Donald Clemmer's The Prison Community, [16] which was first published in 1940 and republished in 1958; and Gresham Sykes classic study The Society of Captives, [17] which was also published in 1958. Clemmer's text, based on his study of 2,400 convicts over three years at the Menard Correctional Center where he worked as a clinical sociologist, [18] propagated the notion of the existence of a distinct inmate culture and society with values and norms antithetical to both the prison authority and the wider society.
In this world, for Clemmer, these values, formalized as the "inmate code", provided behavioural precepts that unified prisoners and fostered antagonism to prison officers and the prison institution as a whole. The process whereby inmates acquired this set of values and behavioural guidelines as they adapted to prison life he termed "prisonization", which he defined as the "taking on, in a greater or lesser degree, the folkways, mores, customs and general culture of the penitentiary". [19] However, while Clemmer argued that all prisoners experienced some degree of "prisonization" this was not a uniform process and factors such as the extent to which a prisoner involved himself in primary group relations in the prison and the degree to which he identified with the external society all had a considerable impact. [20]
"Prisonization" as the inculcation of a convict culture was defined by identification with primary groups in prison, the use of prison slang and argot, [21] the adoption of specified rituals and a hostility to prison authority in contrast to inmate solidarity and was asserted by Clemmer to create individuals who were acculturated into a criminal and deviant way of life that stymied all attempts to reform their behaviour. [22]
Opposed to these theories, several European sociologists [23] have shown that inmates were often fragmented and the links they have with society are often stronger than those forged in prison, particularly through the action of work on time perception [24]
The convict code was theorized as a set of tacit behavioural norms which exercised a pervasive impact on the conduct of prisoners. Competency in following the routines demanded by the code partly determined the inmate's identity as a convict. [25] As a set of values and behavioural guidelines, the convict code referred to the behaviour of inmates in antagonising staff members and to the mutual solidarity between inmates as well as the tendency to the non-disclosure to prison authorities of prisoner activities and to resistance to rehabilitation programmer. [26] Thus, it was seen as providing an expression and form of communal resistance and allowed for the psychological survival of the individual under extremely repressive and regimented systems of carceral control. [27]
Sykes outlined some of the most salient points of this code as it applied in the post-war period in the United States:
Both federal and state laws govern the rights of prisoners. Prisoners in the United States do not have full rights under the Constitution, however, they are protected by the Eighth Amendment which prohibits cruel and unusual punishment. [29] However, the mass incarcerations in the United States prisons raise concerns about the 8th Amendment being overridden by these conditions. [30]
Growing research associates education with a number of positive outcomes for prisoners, the institution, and society. Although at the time of the ban's enactment there was limited knowledge about the relationship between education and recidivism, there is growing merit to idea that education in prison is a preventative to re-incarceration. Several studies help illustrate the point. For example, one study in 1997 that focused on 3,200 prisoners in Maryland, Minnesota, and Ohio, showed that prison education reduced the likelihood of re-incarceration by 29 percent. In 2000, the Texas Department of Education conducted a longitudinal study of 883 men and women who earned college degrees while incarcerated, finding recidivism rates between 27.2 percent (completion of an AA degree) and 7.8 percent (completion of a BA degree), compared to a system-wide recidivism rate between 40 and 43 percent.10 One report, sponsored by the Correctional Education Association, focused on recidivism in three states, concluding that education prevented crime. More recently, a 2013 Department of Justice funded study from the RAND Corporation found that incarcerated individuals who participated in correctional education were 43% less likely to return to prison within 3 years than prisoners who did not participate in such programmes. The research implies that education has the potential to impact recidivism rates positively by lowering them. [31]
Other types of prisoners can include those under police custody, house arrest, those in psychiatric institutions, internment camps, and peoples restricted to a specific area.
Solitary confinement is a form of imprisonment in which an incarcerated person lives in a single cell with little or no contact with other people. It is a punitive tool used within the prison system to discipline or separate incarcerated individuals who are considered to be security risks to other incarcerated individuals or prison staff, as well as those who violate facility rules or are deemed disruptive. However, it can also be used as protective custody for incarcerated individuals whose safety is threatened by other prisoners. This is employed to separate them from the general prison population and prevent injury or death.
Pelican Bay State Prison (PBSP) is a supermax prison facility in Crescent City, California. The 275-acre (111 ha) prison takes its name from a shallow bay on the Pacific coast, about 2 mi (3.2 km) to the west.
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 are 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 worlds population, and 20% of the worlds incarcerated persons. China, with four times more inhabitants, has less persons in prison. Prison populations grew dramatically beginning in the 1970s, but began a decline around 2009, dropping 25% by year-end 2021.
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 and education that do not focus on punishment and government institutionalization. The prison abolitionist movement is distinct from conventional prison reform, which is intended to improve conditions inside prisons.
Recidivism is the act of a person repeating an undesirable behavior after they have experienced negative consequences of that behavior, or have been trained to extinguish it. Recidivism is also used to refer to the percentage of former prisoners who are rearrested for a similar offense.
A super-maximum security (supermax) or administrative maximum (ADX) prison is a "control-unit" prison, or a unit within prisons, which represents the most secure level of custody in the prison systems of certain countries.
Rehabilitation is the process of re-educating those who have committed a crime and preparing them to re-enter society. The goal is to address all of the underlying root causes of crime in order to decrease the rate of recidivism once inmates are released from prison. It generally involves psychological approaches which target the cognitive distortions associated with specific kinds of crime committed by individual offenders, but it may also entail more general education like reading skills and career training. The goal is to re-integrate offenders back into society.
Psychological punishments are punishments that aim to cause mental pain or discomfort in order to punish an individual. Psychological punishments are usually designed to cause discomfort or pain through creating negative emotions such as humiliation, shame and fear within an individual or by depriving the individual of sensory and/or social stimulation.
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.
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.
Lesbian, gay, bisexual, transgender and queer (LGBTQ) people face difficulties in prison such as increased vulnerability to sexual assault, other kinds of violence, and trouble accessing necessary medical care. While much of the available data on LGBTQ inmates comes from the United States, Amnesty International maintains records of known incidents internationally in which LGBTQ prisoners and those perceived to be lesbian, gay, bisexual or transgender have suffered torture, ill-treatment and violence at the hands of fellow inmates as well as prison officials.
Imprisonment began to replace other forms of criminal punishment in the United States just before the American Revolution, though penal incarceration efforts had been ongoing in England since as early as the 1500s, and prisons in the form of dungeons and various detention facilities had existed as early as the first sovereign states. In colonial times, courts and magistrates would impose punishments including fines, forced labor, public restraint, flogging, maiming, and death, with sheriffs detaining some defendants awaiting trial. The use of confinement as a punishment in itself was originally seen as a more humane alternative to capital and corporal punishment, especially among Quakers in Pennsylvania. Prison building efforts in the United States came in three major waves. The first began during the Jacksonian Era and led to the widespread use of imprisonment and rehabilitative labor as the primary penalty for most crimes in nearly all states by the time of the American Civil War. The second began after the Civil War and gained momentum during the Progressive Era, bringing a number of new mechanisms—such as parole, probation, and indeterminate sentencing—into the mainstream of American penal practice. Finally, since the early 1970s, the United States has engaged in a historically unprecedented expansion of its imprisonment systems at both the federal and state level. Since 1973, the number of incarcerated persons in the United States has increased five-fold. Now, about 2,200,000 people, or 3.2 percent of the adult population, are imprisoned in the United States, and about 7,000,000 are under supervision of some form in the correctional system, including parole and probation. Periods of prison construction and reform produced major changes in the structure of prison systems and their missions, the responsibilities of federal and state agencies for administering and supervising them, as well as the legal and political status of prisoners themselves.
Penal labor in the United States is a multi-billion-dollar industry. Annually, incarcerated workers provide at least $9 billion in services to the prison system and produce more than $2 billion in goods. The industry underwent many transitions throughout the late 19th and early and mid 20th centuries. Legislation such as the Hawes-Cooper Act of 1929 placed limitations on the trade of prison-made goods. Federal establishment of the Federal Prison Industries (FPI) in 1934 revitalized the prison labor system following the Great Depression. Increases in prison labor participation began in 1979 with the formation of the Prison Industry Enhancement Certification Program (PIECP). The PIECP is a federal program first authorized under the Justice System Improvement Act of 1979. Approved by Congress in 1990 for indefinite continuation, the program legalizes the transportation of prison-made goods across state lines and allows prison inmates to earn market wages in private sector jobs that can go towards tax deductions, victim compensation, family support, and room and board.
In the United States penal system, upwards of 20 percent of state and federal prison inmates and 18 percent of local jail inmates are kept in solitary confinement or another form of restrictive housing at some point during their imprisonment. Solitary confinement (sometimes euphemistically called protective custody, punitive segregation (PSEG) or room restriction) generally comes in one of two forms: "disciplinary segregation," in which inmates are temporarily placed in solitary confinement as punishment for rule-breaking; and "administrative segregation," in which prisoners deemed to be a risk to the safety of other inmates, prison staff, or to themselves are placed in solitary confinement for extended periods of time, often months or years.
People with mental illnesses are over-represented in jail and prison populations in the United States relative to the general population.
A prison is a place where people condemned to a custodial sentence or awaiting their trial are held against their will. Prisons are also used to try to reintegrate inmates into society in order to prevent recidivism. French prisons are overflowing and the penitentiary personnel is understaffed. In 2003 the European Committee for the Prevention of Torture (CPT), an organ of the European Council reported "inhumane and degrading treatment" in French prisons.
While studies have shown the effects of solitary confinement to be detrimental to some inmates, solitary confinement of women has particular consequences for women that may differ from the way it affects men. Solitary confinement rates for women in the United States are roughly comparable to those for men and about 20% of prisoners will be in solitary confinement at some point during their prison career.
Criminal justice reform seeks to address structural issues in criminal justice systems such as racial profiling, police brutality, overcriminalization, mass incarceration, and recidivism. Criminal justice reform can take place at any point where the criminal justice system intervenes in citizens’ lives, including lawmaking, policing, and sentencing.
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.
Prisoners' Justice Day is a solidarity movement that takes place annually on August 10. The movement began in Canada in 1974 in support of prisoners’ rights and to remember all the people who have died of unnatural deaths while incarcerated. The first Prisoners' Justice Day was held at the Millhaven Institution on August 10, 1975, on the first anniversary of Edward Nalon's death. In addition to a day of mourning, six prisoners took part in an eighteen-day hunger strike. In 1976, August 10 was recognized as a memorial day where prisoners would strike in opposition to the use of solitary confinement and to protest inmate conditions within the Prison System by going on a one-day hunger strike and refusing to work.
{{cite journal}}: Cite journal requires |journal= (help)
| Science | |||||||||
|---|---|---|---|---|---|---|---|---|---|
| Prisoners | |||||||||
| Prisons |
| ||||||||
| Culture | |||||||||
| Social issues | |||||||||
| Organizations |
| ||||||||
| Leaving prison | |||||||||
| Lists | |||||||||
| By country |
| ||||||||
| |||||||||||||||||||||||||||
| |||||||||||||||||||||||||||
| |||||||||||||||||||||||||||
| National | |
|---|---|
| Other | |
