![Newgate-prison-exercise-yard](https://upload.wikimedia.org/wikipedia/commons/8/81/Newgate-prison-exercise-yard.jpg)
A prisoner (also known as an inmate or detainee) is a
person
A person ( : people) is a being that has certain capacities or attributes such as reason, morality, consciousness or self-consciousness, and being a part of a culturally established form of social relations such as kinship, ownership of property, ...
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 law, a sentence is the punishment for a crime ordered by a trial court after conviction in a criminal procedure, normally at the conclusion of a trial. A sentence may consist of imprisonment, a fine, or other sanctions. Sentences for multipl ...
in a
prison
A prison, also known as a jail, gaol (dated, standard English, Australian, and historically in Canada), penitentiary (American English and Canadian English), detention center (or detention centre outside the US), correction center, correc ...
.
English law
![JohnAdamson](https://upload.wikimedia.org/wikipedia/commons/b/b7/JohnAdamson.jpg)
"Prisoner" is a legal term for a person who is
imprisoned.
In section 1 of the
Prison Security Act 1992
The Prison Security Act 1992 (c 25) is an Act of the Parliament of the United Kingdom.
Section 1 - Offence of prison mutiny
This section reads:
Section 1(6) is prospectively amended by sections 74 and 80 of, anparagraph 115of Schedule 7 to ...
, the word "prisoner" means any person for the time being in a
prison
A prison, also known as a jail, gaol (dated, standard English, Australian, and historically in Canada), penitentiary (American English and Canadian English), detention center (or detention centre outside the US), correction center, correc ...
as a result of any requirement imposed by a court or otherwise that he be detained in
legal custody
A legal guardian is a person who has been appointed by a court or otherwise has the legal authority (and the corresponding duty) to make decisions relevant to the personal and property interests of another person who is deemed incompetent, calle ...
.
"Prisoner" was a legal term for a person prosecuted for
felony
A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resu ...
. It was not applicable to a person prosecuted for
misdemeanour
A misdemeanor (American English, spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than adm ...
. 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.
History
![Cornelis De Wael - To Visit the Imprisoned - Google Art Project](https://upload.wikimedia.org/wikipedia/commons/9/95/Cornelis_De_Wael_-_To_Visit_the_Imprisoned_-_Google_Art_Project.jpg)
The earliest evidence of the existence of the prisoner dates back to 8,000 BC from prehistoric graves in
Lower Egypt
Lower Egypt ( ar, مصر السفلى '; ) is the northernmost region of Egypt, which consists of the fertile Nile Delta between Upper Egypt and the Mediterranean Sea, from El Aiyat, south of modern-day Cairo, and Dahshur. Historically, ...
. This evidence suggests that people from
Libya
Libya (; ar, ليبيا, Lībiyā), officially the State of Libya ( ar, دولة ليبيا, Dawlat Lībiyā), is a country in the Maghreb region in North Africa. It is bordered by the Mediterranean Sea to the north, Egypt to Egypt–Libya bo ...
enslaved a
San-like tribe.
Psychological effects
In solitary confinement
Some of the most extreme adverse effects suffered by prisoners appear to be caused by
solitary confinement
Solitary confinement is a form of imprisonment in which the inmate lives in a single cell with little or no meaningful contact with other people. A prison may enforce stricter measures to control contraband on a solitary prisoner and use additi ...
for long durations. When held in "Special Housing Units" (SHU), prisoners are subject to
sensory deprivation
Sensory deprivation or perceptual isolation is the deliberate reduction or removal of stimuli from one or more of the senses. Simple devices such as blindfolds or hoods and earmuffs can cut off sight and hearing, while more complex devices can al ...
and lack of social contact that can have a severe negative impact on their mental health.
Long durations may lead to depression and changes to 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 from social interaction are prerequisite 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. Some common behaviours are self-mutilation, suicidal tendencies, and psychosis.
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.
Stockholm syndrome
The psychological syndrome known as
Stockholm syndrome
Stockholm syndrome is a condition in which hostages develop a psychological bond with their captors. It is supposed to result from a rather specific set of circumstances, namely the power imbalances contained in hostage-taking, kidnapping, an ...
describes a paradoxical phenomenon where, over time, hostages develop positive feelings towards their captors.
Inmate culture
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: Donald Clemmer's ''The Prison Community'', which was first published in 1940 and republished in 1958; and Gresham Sykes classic study ''The Society of Captives'', 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
Menard Correctional Center, known prior to 1970 as Southern Illinois Penitentiary, is an Illinois state prison located in the town of Chester in Randolph County, Illinois. It houses maximum-security and high medium-security adult males. The ave ...
where he worked as a clinical sociologist, 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.
![The Bashful Model](https://upload.wikimedia.org/wikipedia/commons/2/2c/The_Bashful_Model.jpg)
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 greater or lesser degree, the folkways, mores, customs and general culture of the penitentiary'. 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.
Prisonization as the inculcation of a convict culture was defined by identification with primary groups in prison, the use of prison slang and argot, 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.
Opposed to these theories, several European sociologists 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
Convict code
![Conair-Marshal](https://upload.wikimedia.org/wikipedia/commons/5/5c/Conair-Marshal.jpg)
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. 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 programmes. 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.
Sykes outlined some of the most salient points of this code as it applied in the post-war period in the United States:
* Don't interfere with inmate interests.
* Never rat on a con.
* Don't be nosy.
* Keep off a man's back.
* Don't put a guy on the spot.
* Be loyal to your class.
* Be cool.
* Do your own time.
* Don't bring heat.
* Don't exploit inmates.
* Don't cop out.
* Be tough.
* Be wary, and try to be a man.
* Never talk to a screw.
* Have a connection.
* Be sharp.
Rights
United States
![Punishment of the Paddle, 1912](https://upload.wikimedia.org/wikipedia/commons/5/5a/Punishment_of_the_Paddle%2C_1912.jpg)
Both federal and state laws govern the rights of prisoners. Prisoners in the United States do not have full rights under the
Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
, however, they are protected by the
Eighth Amendment which prohibits
cruel and unusual punishment
Cruel and unusual punishment is a phrase in common law describing punishment that is considered unacceptable due to the suffering, pain, or humiliation it inflicts on the person subjected to the sanction. The precise definition varies by jurisd ...
.
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 simply attending school behind bars 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 programs. The research implies that education has the potential to impact recidivism rates positively by lowering them.
[SpearIt, Restoring Pell Grants for Prisoners- Growing Momentum for Reform https://ssrn.com/abstract=2814358]
Types
*
Civilian internee
A civilian internee is a civilian detained by a party to a war for security reasons. Internees are usually forced to reside in internment camps. Historical examples include Japanese American internment and internment of German Americans in the Unit ...
s are
civilians
Civilians under international humanitarian law are "persons who are not members of the armed forces" and they are not "combatants if they carry arms openly and respect the laws and customs of war". It is slightly different from a non-combatant, b ...
who are detained by a party to a
war for security reasons. They can either be friendly, neutral, or enemy nationals.
*
Convicts
A convict is "a person found guilty of a crime and sentenced by a court" or "a person serving a sentence in prison". Convicts are often also known as "prisoners" or "inmates" or by the slang term "con", while a common label for former convict ...
are prisoners that are incarcerated under the legal system. In the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
, a
federal inmate
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, captivity, or forcible restraint. The term applies particularly to serving a prison sentence in a prison.
...
is a person convicted of violating
federal law
Federal law is the body of law created by the federal government of a country. A federal government is formed when a group of political units, such as states or provinces join in a federation, delegating their individual sovereignty and many po ...
, who is then incarcerated at a federal prison that exclusively houses similar criminals. The term most often applies to those convicted of a
felony
A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resu ...
.
*
Detainees
Detention is the process whereby a state or private citizen lawfully holds a person by removing their freedom or liberty at that time. This can be due to (pending) criminal charges preferred against the individual pursuant to a prosecution or ...
is a frequent term used by certain governments to refer to individuals who are held in custody and are not liable to be classified and treated under the law as either
prisoners of war
A prisoner of war (POW) is a person who is held Captivity, captive by a belligerent power during or immediately after an armed conflict. The earliest recorded usage of the phrase "prisoner of war" dates back to 1610.
Belligerents hold priso ...
or
suspect
In law enforcement jargon, a suspect is a known person accused or suspected of committing a crime. Police and reporters in the United States often use the word suspect as a jargon when referring to the perpetrator of the offense (perp in dated U ...
s in
criminal
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Can ...
cases. It is generally defined with the broad definition: "someone held in custody".
*
Hostages are historically defined as prisoners held as security for the fulfillment of an agreement, or as a deterrent against an act of war. In modern times, it refers to someone who is seized by a criminal abductor.
*
Prisoners of war
A prisoner of war (POW) is a person who is held Captivity, captive by a belligerent power during or immediately after an armed conflict. The earliest recorded usage of the phrase "prisoner of war" dates back to 1610.
Belligerents hold priso ...
, also known as a POWs, are individuals incarcerated in relation to
wars
War is an intense armed conflict between states, governments, societies, or paramilitary groups such as mercenaries, insurgents, and militias. It is generally characterized by extreme violence, destruction, and mortality, using regular o ...
. They can be either
civilian
Civilians under international humanitarian law are "persons who are not members of the armed forces" and they are not "combatants if they carry arms openly and respect the laws and customs of war". It is slightly different from a non-combatant, b ...
s affiliated with
combatants
Combatant is the legal status of an individual who has the right to engage in hostilities during an armed conflict. The legal definition of "combatant" is found at article 43(2) of Additional Protocol I (AP1) to the Geneva Conventions of 1949. It ...
, or combatants acting within the bounds of the
laws and customs of war
The law of war is the component of international law that regulates the conditions for initiating war (''jus ad bellum'') and the conduct of warring parties (''jus in bello''). Laws of war define sovereignty and nationhood, states and territor ...
.
*
Political prisoner
A political prisoner is someone imprisoned for their political activity. The political offense is not always the official reason for the prisoner's detention.
There is no internationally recognized legal definition of the concept, although n ...
s describe those imprisoned for participation or connection to political activity. Such inmates challenge the legitimacy of the detention.
*
Slaves
Slavery and enslavement are both the state and the condition of being a slave—someone forbidden to quit one's service for an enslaver, and who is treated by the enslaver as property. Slavery typically involves slaves being made to perf ...
are prisoners that are held captive for their use as labourers. Various methods have been used throughout history to deprive slaves of their liberty, including forcible restraint.
*
Prisoner of conscience are anyone imprisoned because of their
race,
sexual orientation
Sexual orientation is an enduring pattern of romantic or sexual attraction (or a combination of these) to persons of the opposite sex or gender, the same sex or gender, or to both sexes or more than one gender. These attractions are generall ...
, religion, or political views.
Other types of prisoners can include those under police
arrest
An arrest is the act of apprehending and taking a person into custody (legal protection or control), usually because the person has been suspected of or observed committing a crime. After being taken into custody, the person can be questi ...
,
house arrest
In justice and law, house arrest (also called home confinement, home detention, or, in modern times, electronic monitoring) is a measure by which a person is confined by the authorities to their residence. Travel is usually restricted, if all ...
, those in
psychiatric institutions,
internment camp
Internment is the imprisonment of people, commonly in large groups, without charges or intent to file charges. The term is especially used for the confinement "of enemy citizens in wartime or of terrorism suspects". Thus, while it can simply ...
s, and peoples restricted to a specific area such as Jews in the
Warsaw ghetto.
See also
*
Arbitrary arrest and detention
*
Civil liberties
Civil liberties are guarantees and freedoms that governments commit not to abridge, either by constitution, legislation, or judicial interpretation, without due process. Though the scope of the term differs between countries, civil liberties may ...
*
Detention
*
Detention of suspects
Remand, also known as pre-trial detention, preventive detention, or provisional detention, is the process of detaining a person until their trial after they have been arrested and charged with an offence. A person who is on remand is held i ...
*
Foot whipping
*
History of United States Prison Systems
*
Hostage
*
House arrest
In justice and law, house arrest (also called home confinement, home detention, or, in modern times, electronic monitoring) is a measure by which a person is confined by the authorities to their residence. Travel is usually restricted, if all ...
*
Human rights
Human rights are Morality, moral principles or Social norm, normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for ce ...
*
Incarceration
Imprisonment is the restraint of a person's liberty, for any cause whatsoever, whether by authority of the government, or by a person acting without such authority. In the latter case it is "false imprisonment". Imprisonment does not necessari ...
*
Independent custody visitor An independent custody visitor is someone who visits people who are detained in police stations in the United Kingdom to ensure that they are being treated properly. Prisoner escort and custody lay observers carry out a similar function in relation ...
*
Judicial corporal punishment
*
List of countries by incarceration rate
*
Older prisoners
The term older prisoners is used by the U.S. Department of Justice and/or state departments for corrections when referring to individuals that are 50 years of age and older. Conventionally, individuals are not usually classified as having reached ...
*
Prisoner support Prisoner support encompasses a variety of activities aimed a providing assistance to prisoners, particularly political prisoners. Many programs devoted to this purpose have quite limited resources; for instance, Nottingham Black Prisoner Support, w ...
*
Prisoner's dilemma
*
Prisoners' rights
*
Prison uniform
References
Further reading
*Grassian, S. (1983). ''Psychopathological effects of solitary confinement. American Journal of Psychiatry'', 140(11).
*Grassian, S., & Friedman, N. (1986). ''Effects of sensory deprivation in psychiatric seclusion and solitary confinement.'' International Journal of Law and Psychiatry, 8(1).
*Haney, C. (1993). ''"Infamous punishment": The psychological consequences of isolation.'' National Prison Project Journal, 8(1).
External links
Human Rights Watch on DetaineesPrisoner Search in U.S.AVictorian Prisoners' Photograph Albums from Wandsworth prison on The National Archives' website.A Voice From Prison, NGO reporting from within the Federal prison system
{{Authority control
Punishments
Penology
Imprisonment and detention
Criminals by status