A prison, also known as a jail, gaol, penitentiary, detention center, correction center, correctional facility, or remand center, is a facility where Prisoner are Imprisonment under the authority of the state, usually as punishment for various crimes. They may also be used to house those awaiting trial (pre-trial detention). Prisons are most commonly used within a criminal justice system by authorities: people charged with crimes may be imprisoned until their trial; and those who have pleaded or been found guilty of crimes at trial may be sentenced to a specified period of imprisonment.
Prisons can also be used as a tool for political repression by authoritarianism regimes who detain perceived opponents for political crimes, often without a fair trial or due process; this use is illegal under most forms of international law governing fair administration of justice. In times of war, belligerents or neutral countries may detain prisoners of war or detainees in military prisons or in prisoner-of-war camps. At any time, states may imprison civilians – sometimes large groups of civilians – in internment camps.
Some Ancient Greek philosophers, such as Plato, began to develop ideas of using punishment to reform offenders instead of for retribution. Imprisonment as a penalty was used commonly 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 or "the 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. The Mamertine Prison was located within a Sewerage system beneath ancient Rome and contained a large network of dungeons where prisoners were held in squalid conditions contaminated with human waste. Forced labor on public works projects was also a common form of punishment. In many cases, citizens were sentenced to slavery, often in ergastula (a primitive form of prison where unruly slaves were chained to workbenches and performed hard labor). There were numerous prisons not only in the capital Rome, but throughout the Roman Empire. However, a regulated prison system did not emerge.Krause, Jens-Uwe (1996). Gefängnisse im Römischen Reich Prisons. Heidelberger Althistorische Beiträge und Epigraphische Studien, vol. 23. Stuttgart: Franz Steiner, .
In Medieval Songhai Empire, results of a trial could have led to confiscation of merchandise or imprisonment as a form of punishment, since various prisons existed in the empire.
During the Middle Ages in Europe, castles, fortresses, and the basements of public buildings were often used as makeshift prisons. The capability to imprison citizens granted an air of legitimacy to officials at all levels of government and served as a signifier of who 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, 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 labor, 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 behavior. These later reformers believed that prisons could be constructed as humane institutions of moral instruction and that prisoners' behavior could be "corrected" so that when they were released, they would be model members of society.
The concept of the modern prison was imported to Europe in the early 19th-century.from Prior forms of punishment were usually physical, including capital punishment, mutilation, flagellation (whipping), Human 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 or punishment.
However, an important innovation at the time was the Bridewell House of Corrections, located at Bridewell Palace in London, which resulted in the building of other houses of correction. These houses held mostly petty offenders, vagrants, and the disorderly local poor. In these facilities, the inmates were given "prison labor" jobs that were anticipated to shape them into hardworking individuals and prepare them for the real world. By the end of the 17th century, houses of correction were absorbed into local prison facilities under the control of the local justice of the peace.
Jails 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 jailers made their money by charging the inmates for food, drink, and other services, and the system was generally corruptible.See e.g. Marshalsea#First Marshalsea (1373–1811) 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 ship, termed hulks, were the most readily available and expandable choice to be used as Prison ship. While conditions on these ships were generally appalling, their use and the labor thus provided set a precedent which persuaded many people that mass incarceration and labor 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.
France also sent criminals to overseas penal colonies, including Louisiana, in the early 18th century. Penal colonies in French Guiana operated until 1952, such as the notable Devil's Island ( Île du Diable). Katorga prisons were harsh work camps established in the 17th century in Russia, in remote underpopulated areas of Siberia and the Russian Far East, that had few towns or food sources. Siberia quickly gained its fearful connotation of punishment.Jonathan W. Daly, Autocracy under Siege: Security Police and Opposition in Russia, 1866–1905 (1998)
Following Howard's agitation, the Penitentiary Act 1799 was passed. This introduced solitary confinement, religious instruction, a labor regime, and proposed two state penitentiaries (one for men and one for women). However, these were never built due to disagreements in the committee and pressures from wars with France, and jails remained a local responsibility. But other measures passed in the next few years provided magistrates with the powers to implement many of these reforms, and eventually, in 1815, jail fees were abolished.
Quakers were prominent in campaigning against and publicizing the dire state of the prisons at the time. Elizabeth Fry documented the conditions that prevailed at Newgate prison, where the ladies' section was overcrowded with women and children, some of whom had not even received a trial. The inmates did their own cooking and washing in the small cells in which they slept on straw. The section was described "like a den of wild beasts; it was filled with women unsexed, fighting, swearing, dancing, gaming, yelling and justly deserved its name of 'hell above ground'." In 1816, Fry founded a Prison education for the children who were imprisoned with their parents. She also began a system of supervision and required the women to sew and to read the Bible. In 1817, she helped to found the Association for the Reformation of the Female Prisoners in Newgate.
In the first half of the 19th century, capital punishment came to be regarded as inappropriate for many crimes that it had previously been carried out for, and by the mid-19th century, imprisonment had replaced the death penalty for the most serious offenses except for murder.
The first state prison in England was the Millbank Prison, established in 1816 with a capacity for just under 1,000 inmates. By 1824, 54 prisons had adopted the disciplinary system advocated by the Society for the Improvement of Prison Discipline (SIPD).
In 1786, the state of Pennsylvania passed a law that mandated that all convicts who had not been sentenced to death would be placed in penal servitude to do public works projects such as building roads, forts, and mines. Besides the economic benefits of providing a free source of hard labor, the proponents of the new penal code also thought that this would deter criminal activity by making a conspicuous public example of consequences of breaking the law. However, what actually ended up happening was frequent spectacles of disorderly conduct by the convict work crews, and the generation of sympathetic feelings from the citizens who witnessed the mistreatment of the convicts. The laws quickly drew criticism from a humanitarian perspective (as cruel, exploitative and degrading) and from a utilitarian perspective (as failing to deter crime and delegitimizing the state in the eyes of the public). Reformers such as Benjamin Rush came up with a solution that would enable the continued use of forced labor while keeping disorderly conduct and abuse out of the eyes of the public. They suggested that prisoners be sent to secluded "houses of repentance" where they would be subjected (out of the view of the public) to "bodily pain, labor, watchfulness, solitude, and silence ... joined with cleanliness and a simple diet".
Pennsylvania soon put this theory into practice and turned its old jail at Walnut Street in Philadelphia into a state prison in 1790. This prison was modeled on what became known as the "Pennsylvania system" (or "separate system") and placed all prisoners into solitary cells with nothing other than religious literature, made them wear prison uniforms, and forced them to be completely silent to reflect on their wrongs. New York soon built the Newgate state prison in Greenwich Village, which was modeled on the Pennsylvania system, and other states followed.
But, by 1820, faith in the efficacy of legal reform had declined, as statutory changes had no discernible effect on the level of crime, and the prisons, where prisoners shared large rooms and booty including alcohol, had become riotous and prone to escapes. In response, New York developed the Auburn system in which prisoners were confined in separate cells and prohibited from talking when eating and working together, implementing it at Auburn State Prison and Sing Sing at Ossining. The aim of this was rehabilitative: the reformers talked about the penitentiary serving as a model for the family and the school and almost all the states adopted the plan (though Pennsylvania went even further in separating prisoners). The system's fame spread, and visitors to the U.S. to see the prisons included de Tocqueville who wrote Democracy in America as a result of his visit.
The use of prisons in Continental Europe was never as popular as it became in the English-speaking world, although state prison systems were largely in place by the end of the 19th century in most European countries. After the unification of Italy in 1861, the government reformed the repressive and arbitrary prison system they inherited, and modernized and secularized criminal punishment by emphasizing discipline and deterrence. Italy developed an advanced penology under the leadership of Cesare Lombroso (1835–1909).Knepper, Paul, and Per Jørgen Ystehede, eds., The Cesare Lombroso Handbook (2012)
Another prominent prison reformer who made important contributions was Alexander PatersonEriksson, Torsten (1976). The reformers: an historical survey of pioneer experiments in the treatment of criminals. Elsevier Scientific Pub. Co. p. 147 who advocated for the necessity of humanizing and socializing methods within the prison system in Great Britain and America.Sir Alexander Paterson (193?). The Prison Problem of America: (with admiration for those who face it). Printed at H.M. Prison, for private circulation. p. 12
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 a smaller prison staff to monitor prisoners directly, often using a decentralized "podular" layout. (In comparison, 19th-century prisons had large landings and cell blocks which permitted only intermittent observation of prisoners.) 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.
The levels of security within a prison system are categorized differently around the world, but tend to follow a distinct pattern. At one end of the spectrum are the most secure facilities ("maximum security"), which typically hold prisoners that are considered dangerous, disruptive or likely to try to escape. Furthermore, in recent times, supermax prisons have been created where the custody level goes beyond maximum security for people such as terrorists or political prisoners deemed a threat to national security, and inmates from other prisons who have a history of violent or other disruptive behavior in prison or are suspected of gang affiliation. These inmates have individual cells and are kept in lockdown, often for more than 23 hours per day. Meals are served through "chuck-holes" in the cell door, and each inmate is allowed one hour of outdoor exercise per day, alone. They are normally permitted no contact with other inmates and are under constant surveillance via closed-circuit television cameras.
On the other end are "minimum security" prisons which are most often used to house those for whom more stringent security is deemed unnecessary. For example, prisoners convicted of white-collar crime (which rarely results in incarceration) are almost always sent to minimum-security prisons due to them having committed nonviolent crimes. Lower-security prisons are often designed with less restrictive features, confining prisoners at night in smaller locked dormitories or even cottage or cabin-like housing while permitting them free movement around the grounds to work or partake in activities during the day. Some countries (such as Great Britain) also have "open" prisons where prisoners are allowed home-leave or part-time employment outside of the prison. Suomenlinna prison in Finland is an example of one such "open" correctional facility. The prison has been open since 1971 and, as of September 2013, the facility's 95 male prisoners leave the prison grounds on a daily basis to work in the corresponding township or commute to the mainland for either work or study. Prisoners can rent flat-screen televisions, sound systems, and mini-refrigerators with the prison-labor wages that they can earn—wages range between 4.10 and €7.30 per hour. With electronic monitoring, prisoners are also allowed to visit their families in Helsinki and eat together with the prison staff. Prisoners in Scandinavian facilities are permitted to wear their own clothes.
There are fundamental differences between the security level of men's prisons and that of women's prisons. Male prisons tend to have higher, or more severe, security levels/classifications than female prisons. This is even noticeable when comparing the construction and design of male prisons which tend to have very tall walls and towers, barbed wire and other serious security measures whereas these types of high level security measures are absent at many female prisons. This is due to multiple factors, including females being convicted of less severe offences and being less likely to be convicted of violent offences, in comparison to males, and due to female prisoners being less likely to be violent than male prisoners.
Some prison medical facilities include primary care, mental health services, Dentistry, substance abuse treatment, and other forms of specialized care, depending on the needs of the inmate population and the willingness of the prison to provide for these needs. Health care services in many prisons have long been criticized as inadequate, underfunded, and understaffed, and many prisoners have experienced abuse and mistreatment at the hands of prison medical staff who are entrusted with their care.
In the United States, a million incarcerated people suffer from mental illness without any assistance or treatment for their condition. The tendency of a convicted criminal to reoffend, known as the rate of recidivism, is unusually high for those with the most serious disorders. Analysis of data in 2000 from several forensic hospitals in California, New York and Oregon found that with treatment the rate of recidivism was "much lower" than for untreated mentally ill offenders.
Many prisons also provide a library where prisoners can check out books or do legal research for their cases. Often these libraries are very small, consisting of a few shelves of books. In some countries, such as the United States, drastic budget cuts have resulted in many prison library being shut down. Meanwhile, many nations that have historically lacked prison libraries are starting to develop them. Prison libraries can dramatically improve the quality of life for prisoners, who have large amounts of empty time on their hands that can be occupied with reading. This time spent reading has a variety of benefits including improved literacy, ability to understand rules and regulations (leading to improved behavior), ability to read books that encourage self-reflection and analysis of one's emotional state, consciousness of important real-world events, and education that can lead to successful re-entry into society after release.
In 2024, the American Library Association published Standards for Library Services for the Incarcerated or Detained. American Library Association, American Library Association Standards for Library Services for the Incarcerated or Detained Working Group, American Library Association Council Committee on Diversity, American Library Association Office for Diversity, Literacy, and Outreach Services, San Francisco Public Library Jail and Reentry Services, and Association of Specialized and Cooperative Library Agencies. 2024. Standards for Library Services for the Incarcerated or Detained. Edited by Erin Boyington, Randall Horton, Eldon Ray James, Sharaya Olmeda, and Victoria Van Hyning. 2024 revised edition. Chicago: American Library Association.
Like adult facilities, youth detention centers in some countries are experiencing overcrowding due to large increases in incarceration rates of young offenders. Crowding can create extremely dangerous environments in juvenile detention centers and juvenile correctional facilities. Overcrowding may also lead to the decrease in availability to provide the youth with much needed and promised programs and services while they are in the facility. Many times the administration is not prepared to handle the large number of residents, and therefore the facilities can become unstable and create instability in simple logistics.
In addition to overcrowding, juvenile prisons are questioned for their overall effectiveness in rehabilitating youth. Many critics note high juvenile recidivism rates, and the fact that most of the youths that are incarcerated are those from lower socio-economic classes (who often suffer from broken families, lack of educational/job opportunities, and violence in their communities).
In the Western world, the guards of women's prisons are usually female, though not always. For example, in federal women's correction facilities of the United States, 70% of guards are male. Rape and sexual offenses remain commonplace in many women's prisons and are usually underreported. Two studies in the late 2000s noted that because a high proportion of female inmates have experienced sexual abuse in the past, they are particularly vulnerable to further abuse.
The needs of mothers during pregnancy and childbirth often conflict with the demands of the prison system. The Rebecca Project, a non-profit organization that campaigns for women's rights issues, reports that "In 2007, the Bureau of Justice Statistics stated that, on average, 5% of women who enter into state prisons are pregnant and in jails local 6% of women are pregnant". The standard of care that female prisoners receive before and after giving birth is often far worse than the standard expected by the general population, and sometimes almost none is given. In some countries, female prisoners may be restrained while giving birth. In many countries, including the United States, mothers will frequently be separated from their baby after giving birth.
Research has shown a significant link between females in prison and brain injury which supports research that shows incarcerated females are overwhelmingly victims of domestic violence (mainly male violence against women).
In the American Revolution, British prisoners held by the U.S. were assigned to local farmers as laborers. The British kept American sailors in broken down ship hulls with high death rates.
In the Napoleonic wars, the broken down hulks were still in use for naval prisoners. One French surgeon recalled his captivity in Spain, where scurvy, diarrhea, dysentery, and typhus abounded, and prisoners died by the thousands:
In the American Civil War, at first prisoners of war were released after they promised not to fight again unless formally exchanged. When the Confederacy refused to exchange black prisoners, the system broke down and each side built large-scale POW camps. Conditions in terms of housing, food, and medical care were bad in the Confederacy, and the Union retaliated by imposing harsh conditions.Michael B. Chesson, "Prison Camps and Prisoners of War," in Steven E. Woodworth, ed. The American Civil War (1996), pp 466–78
By 1900, the legal framework of the Geneva and Hague Convention provided considerable protection. In the First World War, millions of prisoners were held on both sides, with no major atrocities. Officers received privileged treatment. There was an increase in the use of forced labor throughout Europe. Food and medical treatment were generally comparable to what active duty soldiers received, and housing was much better than front-line conditions.
Many countries maintain or have in the past had a system of prisons specifically intended for political prisoners. In some countries, dissidents can be detained, tortured, executed, and/or "disappeared" without trial. This can happen either legally or extralegally (sometimes by falsely accusing people and fabricating evidence against them).
Administrative detention is a classification of prisons or detention centers where people are held without trial.
In 2021, the World Prison Brief reported that at least 11.5 million people were imprisoned worldwide.
In 2021, the United States of America had the world's largest prison population, with over 2 million people in American prisons or jails—up from 744,000 in 1985—making 1 in every 200 American adults a prisoner. In 2017, the nonprofit organization Prison Policy Initiative estimated that the United States government spent an estimated US$80.7 billion to maintain prisons. CNBC estimated that the cost of maintaining the US prison system was US$74 billion per year. This increases government spending on prisons. , the US no longer has the highest incarceration rate in the world, with El Salvador now having the highest.
Not all countries have experienced a rise in prison population: Sweden closed four prisons in 2013 due to a significant drop in the number of inmates. The head of Sweden's prison and probation services characterized the decrease in the number of Swedish prisoners as "out-of-the-ordinary", with prison numbers in Sweden falling by around 1% a year since 2004.
The United Nations Office on Drugs and Crime website hosts data regarding prison populations around the world, including "Persons held – by sex, by age group," "Persons held – by status and sex" and "Prison capacity and overcrowding – totals".
The prison industry also includes private businesses that benefit from the exploitation of the prison labor. Some scholars, using the term prison-industrial complex, have argued that the trend of "hiring out prisoners" is a continuation of the slavery tradition, pointing out that the Thirteenth Amendment to the United States Constitution freed slaves but allowed forced labor for people convicted of crimes.Kai, Jonathan (March 23, 2013). "The disgrace of America's prison-industrial complex". National Post. p. A22. Prisons are very attractive to employers, because prisoners can be made to perform a great array of jobs under conditions that most free laborers would not accept (and would be illegal outside of prisons): sub-minimum wage payments, no insurance, no collective bargaining, lack of alternative options, etc. Prison labor can soon deprive the free labor of jobs in a number of sectors, since the organized labor turns out to be uncompetitive compared to the prison counterpart.
If a society has a very high imprisonment rate, these effects become noticeable not just on family units but also on entire poor communities or communities of color. The expensive cost of maintaining a high imprisonment rate also costs money that must come at the expense of either the taxpayer or other government agencies.
Prisoners are at risk of being drawn further into crime, as they may become acquainted with other criminals, trained in further criminal activity, exposed to further abuse (both from staff and other prisoners) and left with criminal records that make it difficult to find legal employment after release. All of these things can result in a higher likelihood of reoffending upon release.
This has resulted in a series of studies that are skeptical towards the idea that prison can rehabilitate offenders.
The National Institute of Justice argues that offenders can be deterred by the fear of being caught but are unlikely to be deterred by the fear or experience of the punishment. Like Lawrence W. Sherman, they argue that better policing is a more effective way to reduce crime rates.
The argument that prisons can reduce crime through incapacitation is more widely accepted, even among academics who doubt that prisons can rehabilitate or deter offenders. One dissenting argument is from Arrigo and Milovanovic, who argue that prisoners will simply continue to victimize people inside of the prison and that this harm has impacts on the society outside.
Alternatives to prison sentences include:
The prison abolition movement seeks to eliminate prisons altogether. It is distinct from prison reform, although abolitionists often support reform campaigns, regarding them as incremental steps towards abolishing prisons. The abolition movement is motivated by a belief that prisons are inherently ineffective National Advisory Commission on Criminal Justice Standards and Goals (US). " A National Strategy to Reduce Crime". 1973. p. 358. and discriminatory. The movement is associated with libertarian socialism, anarchism and anti-authoritarianism, with some prison abolitionists arguing that imprisoning people for actions the state designates as crimes is not only inexpedient but also immoral.
Transportation, prison ships and penal colonies
Prison reform movement
Development of the modern prison
Staff
Design
Security
Inmate security classifications
Common facilities
Kitchen and dining
Healthcare
Library and educational facilities
Literacy programs
Recreation and fitness
Control units
Other facilities
Special types
Youth detention facilities
Women's prisons
Military prisons and prisoner-of-war camps
Political prisons and administrative detention
Psychiatric facilities
Prison population
Economics of the prison industry
Social effects
Internal
External
Theories of punishment and criminality
Evaluation
Alternatives
These alternatives do not eliminate the need for imprisonment altogether. Suspended sentences entail the threat of time in prison, while for others, actual imprisonment may be used as a punishment for noncompliance.
See also
Notes
Sources
Further reading
External links
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