Imprisonment

Although reforms have targeted conditions of imprisonment on human rights grounds, imprisonment itself and the length of sentences has largely escaped scrutiny on human rights grounds despite similar evidence for its harm compared to recognized forms of ill-treatment and torture. Prison abolition is a growing movement but has not become a mainstream position, despite the criticism of mass incarceration in the United States and the defund the police movement.

History

Africa

Before colonisation, imprisonment was used in sub-Saharan Africa for pre-trial detention, to secure compensation and as a last resort but not generally as punishment, except in the Songhai Empire (1464–1591) and in connection with the Atlantic slave trade. In the colonial period, imprisonment provided a source of labor and a means of suppression. The use of imprisonment has continued to the present day.

Australia

Incarceration in what became known as Australia was introduced through colonization. As noted by scholar Thalia Anthony, the Australian settler colonial state has engaged in carceral tactics of containment and segregation against Aboriginal Australians since colonizers first arrived, "whether that be for Christian, civilizing, protectionist, welfare, or penal purposes." When settlers arrived, they invented courts and passed laws without consent of Indigenous peoples that stated that they had jurisdiction over them and their lands. When Indigenous peoples challenged these laws, they were imprisoned.

England and Wales

In English law, imprisonment is the restraint of a person's liberty. The 17th century book Termes de la Ley contains the following definition:

Imprisonment is no other thing than the restraint of a man's liberty, whether it be in the open field, or in the stocks, or in the cage in the streets or in a man's own house, as well as in the common gaols; and in all the places the party so restrained is said to be a prisoner so long as he hath not his liberty freely to go at all times to all places whither he will without bail or mainprise or otherwise.

Imprisonment without lawful cause is a tort called false imprisonment. In England and Wales, a much larger proportion of the black population is imprisoned than of the white.