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PRISON (derived through the Fr. from ...

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Originally appearing in Volume V22, Page 369 of the 1911 Encyclopedia Britannica.
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PRISON (derived through the Fr. from the See also:Lat. prehensio, seizure)  , a See also:place for the confinement or compulsory See also:restraint of See also:PRISON persons after See also:arrest or See also:sentence by arbitrary authority or See also:process of See also:law . The earliest See also:object sought in imprisonment was to secure the See also:person of the accused to ensure his See also:appearance before his Bally See also:judges for trial, and after conviction to produce him Penalties. to take his See also:punishment . They were applied to other uses less justifiable or defensible; they served to execute the will of the despotic See also:master upon all who set them-selves in opposition to his authority, or were decreed, more or less wisely but still arbitrarily, by a See also:government in the best interests of society, organized for the See also:general See also:good . See also:Coercion and intimidation slowly came to be leading ideas, the infliction of a lesser See also:penalty than the See also:capital . The deprivation of See also:liberty under irksome circumstances, rough lodging, hard fare and perpetual labour was after all a milder measure than See also:death, although See also:long years elapsed before the prison was so used . Penal codes depended rather upon shorter and more cruel methods; the See also:scaffold was in See also:constant use, with all manner of See also:physical See also:pain, See also:torture before and after sentence, shameful exposure, hideous See also:mutilation, See also:exile, selling into bondage as slaves . Incarceration was no doubt practised by irresponsible masters, regardless of See also:personal rights, callous to the sufferings of their victims, to which death by See also:starvation or horrible neglect was a welcome See also:relief . But See also:consignment to a prison for lengthened periods was, as a penalty, of more See also:recent introduction, and of still later date is the recognition of the duties See also:incumbent upon the authority to use its See also:powers mercifully by humane endeavours to reform and improve those on whom it laid hands . The progress made can only be realized by considering what prisons once were . The shocking picture See also:drawn by See also:John See also:Howard Howard's of the See also:state of prisons at the latter end of the 18th Reforms In See also:century will last for all See also:time . They were for the See also:England. most See also:part pestiferous See also:dens, overcrowded, dark, foully dirty, not only See also:ill ventilated, but deprived altogether of fresh See also:air . The wretched inmates were dependent for See also:food upon the caprice of their gaolers or the charity of the benevolent; See also:water was denied them except in the scantiest proportions; their only bedding was putrid See also:straw .

Every one in See also:

durance, whether tried or untried, was heavily ironed . All alike were subject to the rapacity of their gaolers and the extortions of their See also:fellows . See also:Gaol fees were levied ruthlessly—" See also:garnish " also, the tax or contribution paid by each individual to a See also:common fund to be spent by the whole See also:body, generally in drink . Idleness, See also:drunkenness, vicious intercourse, sickness, starvation, squalor, See also:cruelty, chains, awful oppression and everywhere culpable neglect—in these words may be summed up the state of the gaols at the time of Howard's visitation . At this time prisons were primarily places of detention, not of punishment, peopled by accused persons, still See also:innocent in the eyes of the law, and debtors guilty only of breaches of the See also:financial rules of a commercial See also:country, framed chiefly in the See also:interest of the creditor . Freedom from arrest was guaranteed by Magna Carta, See also:save on a criminal See also:charge, yet thousands were committed to gaol on legal See also:fictions and retained indefinitely for See also:costs far in excess of the See also:original See also:debt . The impecunious were locked up and deprived of all See also:hope of earning means to obtain enlargement; while their families and persons dependent on them shared their imprisonment and added to the overcrowding . The prisons were always full . Gaol deliveries were of rare occurrence, even when tardy trial ended in acquittal See also:release was delayed until illegal charges in the way of fees had been satisfied . In the See also:article See also:DEPORTATION it is shown how the discoveries in the See also:southern seas led to the See also:adoption of penal exile in preference to other suggested improvements in the See also:English prison systems . The See also:penitentiary See also:scheme proposed by Howard was not, however, abandoned . It was revised and kept alive by See also:Jeremy See also:Bentham in his fanatical scheme for a " panopticon or inspection See also:house," described as " a circular See also:building, an See also:iron cage. glazed, a See also:glass See also:lantern as large as See also:Ranelagh, with the cells on the See also:outer circumference." His See also:plan was to keep every inmate of every See also:cell under constant See also:close observation, and all were to be reformed by solitude and seclusion while constantlyemployed in remunerative labour, in the profits of which they were to See also:share .

The scheme hung See also:

fire, owing, it was alleged, to the personal hostility of See also:George III. to Bentham as an advanced See also:radical . Lands were, however, See also:purchased which were eventually taken over by the government and utilized for the erection of Millbank penitentiary, begun in 1813 and partially completed in 1816 . It was now fully recognized that the See also:reformation of prisoners could best be attempted by seclusion, " employment and religious instruction." Millbank, as a new and most enlightened undertaking in prison affairs, was opened with much eclat . It was to be governed by a specially appointed See also:committee of distinguished personages, the chairman being the See also:Speaker of the House of See also:Commons . The sum See also:total expended upon the buildings amounted to See also:half a million of See also:money, and the yearly charges of the See also:establishment were a heavy See also:burden on the See also:exchequer . The erection of Millbank was a step in the right direction . The See also:energy with which it was undertaken was the more remarkable because elsewhere throughout the See also:United See also:Kingdom the prisons, with few exceptions, remained deplorably See also:bad . J . Neild, who in 1812 followed in the footsteps of John Howard, found that the old conditions remained unchanged . " The See also:great reformation produced by Howard," to use Neild's own words, " was merely temporary . . . 'prisons were relapsing into their former horrid state of privation, filthiness, severity and neglect." Yet the legislature was alive to the need for prison reform .

Besides the building of Millbank it had promulgated many acts for the amelioration of prisoners . Gaol fees were once more distinctly abolished; the See also:

appointment of chaplains was insisted upon, and the erection of improved prison buildings was rendered imperative upon See also:local authorities . But these, with other and much older acts, remained in See also:abeyance . Thus an See also:act which provided for the See also:classification of prisoners had remained a dead See also:letter; even the separation of the See also:males from the See also:females was not a universal See also:rule . Roused by these crying evils, a small See also:band of See also:earnest men formed themselves into an association for the improvement of prison discipline . They perambulated the country inspecting the prisons; they issued lengthy interrogatories to prison officials; they published periodical reports giving the result of their inquiries, with their views on the true principles of prison management, and much See also:sound See also:advice, accompanied by elaborate plans on the subject of prison construction . The labours of this society brought out into strong relief the naked deformity of the bulk of the See also:British gaols . Speaking of St Albans from his personal observation Mr (afterwards See also:Sir T . F.) See also:Buxton, a most active member of the society, said: " All were in ill See also:health; almost all were in rags; almost all were filthy in the extreme . The state of the prison, the desperation of the prisoners, broadly hinted in their conversation and plainly expressed in their conduct, the uproar of oaths, complaints and See also:obscenity, the indescribable stench, presented together a concentration of the utmost misery and the utmost See also:guilt." The reports of the society laid See also:bare the existence of similar horrors in See also:numbers of other gaols . Yet this was in 1818, when the legislature was setting a praiseworthy example—when half a million had been spent in providing large See also:airy cells for a thousand prisoners . Even in See also:London itself, within easy reach of the palatial Millbank penitentiary, the See also:chief prison of the See also:city, Newgate, was in a disgraceful See also:condition .

This had been exposed by a See also:

parliamentary inquiry as far back as 1814, but nothing had been done to remedy the evils laid bare . The state of the See also:female See also:side had already attracted the See also:attention of that devoted woman, Mrs See also:Fry, whose ministrations and wonderful success no doubt encouraged, if they did not bring about, the formation of the Prison Society . Mrs Fry went first to Newgate in 1813, but only as a casual visitor . It was not until 1817 that she entered upon the See also:noble See also:work with which her name will ever be associated . She worked a See also:miracle there in an incredibly See also:short space of time . The See also:ward into which she penetrated was like a den of See also:wild beasts; it was filled with See also:women unsexed, fighting, See also:swearing, dancing, gaming, yelling and justly deserved its name of " See also:hell above ground." Within a See also:month it was transformed . and presented, says an eyewitness, " a See also:scene where stillness and propriety reigned." The wild beasts were tamed . Movements similar to that which Mrs Fry headed were soon set on See also:foot both in England and on the See also:Continent, and public attention was generally directed to the urgent See also:necessity for prison reform . Stimulated by the success achieved by Mrs Fry, the Prison Discipline Society continued its labours . Hostile critics were not wanting; many voices were raised in protest against the ultra-humanitarianism which sought to make gaols too comfort-able and tended to pamper criminals . But the society pursued its See also:objects, undeterred by See also:sarcasm . Many of these are now accepted as axioms in prison treatment; for instance, that female See also:officers only should have charge of female prisoners, that prisoners of both sexes should be kept apart and constantly employed .

Yet these principles were unacknowledged at that time and were first enunciated in acts such as the 4 Geo . IV. c . 65 and the 5 Geo . IV. c . 85 (1823-1824), the passing of which were mainly due to the strenuous exertions of the Prison Discipline Society . It was laid down in these that over and above safe custody it was essential to preserve health, improve morals, and enforce hard labour on all prisoners sentenced to it . Irons were strictly forbidden except in cases of " urgent and See also:

absolute necessity," and it was ruled that every prisoner should have a See also:bed to himself—if possible a See also:separate cell, the last being the first formal statement of a principle upon which all future prison discipline was to be based . The importance of these acts cannot be over-estimated as supplying a legal See also:standard of efficiency by which all prisons could be measured . Still the progress of improvement was extremely slow, and the managers of gaols still evaded or ignored the acts . Many local authorities grudged the money to rebuild or enlarge their gaols; others varied much in their See also:interpretation of the rules as to hard labour and the See also:hours of employment . One great See also:drawback to general reform was that a large number of small prisons See also:lay beyond the reach of the law . Those under small jurisdictions in the boroughs and under the See also:petty corporate bodies continued open to the strongest reprobation, and thus remained until they were swept away by the measure which brought about the reform of the municipal corporations in 1835 .

But by this time a still more determined effort had been made to establish some See also:

uniform and improved See also:system of prison discipline . In 1831 a select committee of the House of Commons went into the whole subject of secondary punishment and reported that, as the difficulties in the way of an effective classification of prisoners were insurmountable, they were strongly in favour of the confinement of prisoners in separate cells, recommending that the whole of the prisons should be altered accordingly and the expense See also:borne by the public exchequer . There can be little doubt that this committee was greatly struck by the See also:superior methods of prison discipline pursued in the United States . The best See also:American prisons had recently been visited by two eminent Frenchmen, J . A. de See also:Beaumont and A. de See also:Tocqueville, who spoke of them in terms of the highest praise . It was with the object of appropriating what was best in the American system that Mr W . See also:Crawford was despatched across the See also:Atlantic on a See also:special See also:mission of inquiry . His exhaustive See also:report, published in 1834, was a valuable contribution to the whole question of penal discipline . Another select committee, this time of the House of Lords, returned to the subject in 1835, and after a long investigation re-enunciated the theory that all prisoners should be kept separate from one another . It also urged in strong terms the necessity for one uniform system of treatment, more especially as regarded dietaries, labour and See also:education, and strongly recommended the appointment of See also:official inspectors to enforce obedience to the acts . These recommendations were eventually adopted and formed the basis of a new departure . For fifty years transportation (see DEPORTATION) had been in England the See also:principal See also:form of secondary punishment for See also:crime .

See also:

Primary or capital punishment still existed, but to a greatly modified extent . The pious See also:Quakers of See also:Penn- sylvania at the end of the 18th century had realized a deeper See also:duty towards the offenders than their extinction, and sought to amend and reform the living . The See also:note struck first in the See also:Walnut See also:Street penitentiary began a new era in prison treatment, and the methods adopted were destined to extend over the whole See also:world . This was the germ of the nearly universal principle of individual confinement, and the origin of what some advanced thinkers have denounced as the greatest crime of the See also:present See also:age, the invention of the separate cell . It was and still is held by many that the criminal may be best and most effectually weaned from his evil ways by shutting him up for lengthy periods between four walls, and subjecting him, when most susceptible, to curative processes, to constant exhortation and searching See also:introspection, changing his nature and restoring him to society a reformed See also:man . It must be at once admitted that the system of See also:isolation has produced no remarkable results . Solitary confinement has neither conquered nor appreciably diminished crime, even where it has been applied with extreme care, as in See also:Belgium, and more recently in See also:France, where it obtains strict and unbroken for long terms of years . Cloistered seclusion is an artificial condition quite at variance with human instincts and habits, and the treatment, long continued, has proved injurious to health, inducing See also:mental breakdown . A slow death may be defended indeed on moral grounds if regeneration has been compassed, but it is only another form of capital punishment . Still the See also:measures introduced in the United States and the See also:action taken upon them fill a large See also:page in prison See also:history and must be recorded here . Several states in the See also:Union followed the See also:lead of See also:Pennsylvania . That of New See also:York built the great See also:Auburn penitentiary in 1816 to carry out the new principles .

There every prisoner was kept continuously in See also:

complete isolation . He saw no one, spoke to no one, and did no work . Within a short See also:period very deplorable results began to show themselves . Many prisoners became insane; health was generally impaired and See also:life greatly endangered . Mr Crawford, whose mission to the United States has been already referred to, was in favour of solitary confinement, but he could not deny that several cases of See also:suicide followed this isolation . Some relaxation of the disastrous severity seemed desirable, and out of this See also:grew the second great system, which was presently introduced at Auburn and afterwards at the no less renowned prison of Sing Sing . It was called the silent system . While the prisoners were still separated at See also:night or meals, they were suffered to labour in association, but under a rule of silence ruthlessly and rigorously maintained . The latter, entrusted to irresponsible subordinates, degenerated into a despotism which brought the system into great discredit . All discipline officers were permitted to wield the See also:whip summarily and without the slightest check . Under such a system the most frightful excesses were possible and many cases of brutal cruelty were laid bare . Reviewing the merits and demerits of each system, Mr Crawford gave his See also:adhesion to that of unvarying solitude as pursued in the Eastern penitentiary in Pennsylvania .

Mr Crawford came back from the United States an ardent See also:

champion of the solitary system . He saw, however, great difficulties in making this the universal rule, chief cellular among which was the enormous expense of provid- separation, See also:ing suitable prisons . Some modification of the rule of unbroken solitude would be inevitable; but he strongly urged its adoption for certain classes, and he was equally convinced of the imperative necessity for giving every prisoner a separate sleeping cell . It is clear that the government endorsed Mr Crawford's views . Where it was possible they gave effect to them at once . At Millbank, with its spacious solitary cells, the rule of seclusion was more and more strictly enforced . Ere long permissive legislation strove to disseminate the new principles . In 1830 See also:Lord John See also:Russell had given it as his See also:opinion that cellular separation was desirable in all prisons . But it was not until 1839 that an act was passed which laid it down that individuals might be confined separately in single cells . Even now the executive did not insist upon the construction of prisons on a new plan . It only set a good example American Progress . by undertaking the erection of one which should serve as a See also:model for the whole country .

In 184o the first See also:

stone of Pentonville prison was laid, and after three years of considerable outlay, its cells, 520 in number, were occupied on the solitary, or more exactly the separate system—the latter being somewhat less rigorous and irksome in its restraints . To the See also:credit of many local jurisdictions, they speedily followed the lead of the central authority . Within half a dozen years no fewer than fifty-four new prisons were built on the Pentonville plan, which now began to serve generally as a " model " for See also:imitation, not in England alone, but all over the world . Sir See also:Joshua See also:Jebb, who presided over its erection, may fairly claim indeed to be the author and originator of See also:modern prison See also:architecture . The building of Pentonville was See also:epoch-making . The modern prison See also:dates from it . The penal discipline of to-See also:day, much modified and varied it is true, may be largely traced to it . The " cell " scheme of individual separation holds the ground, and countries which can afford the outlay have built or are building cellular prisons . France has made steady progress in this respect . Great additions have been made to La Sante prison in See also:Paris, and a new prison on gigantic lines has been opened at Fresnes See also:les Rungis, on the outskirt of the See also:metropolis, to replace the obsolete Mazas, and to give cellular See also:accommodation to the large numbers always on See also:hand in Paris . See also:Germany has embarked on penitentiary reforms with the See also:provision of several new prisons; it is the same with the United States, See also:Austria, See also:Holland, See also:Spain, See also:Portugal, See also:Denmark, See also:Norway, See also:Sweden . In See also:Italy a comprehensive scheme has been drawn up so that cellular imprisonment may become a general rule .

In Belgium, where penal See also:

administration has received the closest attention for a number of years, the regime of cellular imprisonment has been long carried to its farthest limits, and solitary confinement ranging over ten years and in some cases much more has been strictly enforced . Of See also:late years however a new school has arisen in Belgium which expresses strong doubts of the See also:wisdom or efficacy of prolonged cellular confinement . In England, moreover, which, if not the first to adopt separation in principle, certainly gave the largest effect to it in practice, continuous cellular confinement for short terms is ceasing to be the inevitable rule; and although it has been retained in cases of penal See also:servitude for the first six months, it was in 1899 practically abandoned for lesser sentences, and all prisoners after the first month work together in association under surveillance . In See also:July 1910 the See also:home secretary announced his intention to reduce it to one month in all cases, except those of recidivists (see REemrvisM) . The See also:bias of modern practice, in short, is towards milder methods, not only in treatment, but in those anticipatory processes which may render imprisonment unnecessary . To understand the existing British prison system it is necessary to consider its See also:gradual growth and the steps taken to establish it . Its See also:foundations were laid by Sir George See also:Grey, The Moc,ern home secretary, when transportation ended rather British abruptly by the refusal of the chief colonies to System. continue to be the dumping ground for British convicts . Sir George Grey sought to See also:deal with the difficulty as a whole, and to provide for all classes of criminals, the most heinous deserving severe correction and the See also:minor offenders in the earliest stages of misconduct . For the first there was some urgency, the latter was still the business of the local jurisdictions . The system now introduced consisted of three principal parts: (1) of a limited period of separate confinement in a home prison or penitentiary, accompanied by See also:industrial employment and moral training; (2) of hard labour at some public See also:works prison either at home or abroad; and (3) of exile to a See also:colony with a conditional See also:pardon or See also:ticket-of-leave (q.v.) . No pains were spared to give effect to this plan . Pentonville was available for the first phase; Millbank was also pressed into the service and accommodation was hired in some of the best provincial prisons, as at See also:Wakefield and See also:Leicester .

Few facilities existed for carrying out the second See also:

stage, but they were speedily improvised . Although the hulks at home had been condemned, convict establishments in which these floating prisons still formed the principal part were organized at Bermuda and See also:Gibraltar . Neither of these was a conspicuous success; they were too remote for effective supervision; and although they lingered on for some years they were finally abolished . The chief efforts of the authorities were directed to the formation of public works prisons at home, and here the most satisfactory results were soon obtained . The construction of a See also:harbour of See also:refuge at See also:Portland had been recommended in 1845; in 1847 an act was passed to facilitate the See also:purchase of See also:land there, and a sum of money was taken in the estimates for the erection of a prison which was begun next See also:year . At another point, See also:Dartmoor, a prison already stood available, although it had not been occupied since the last See also:war, when ten thousand See also:French and American prisoners had been incarcerated in it . A little re-construction made Dartmoor into a modern gaol, and in the See also:waste lands around there was ample labour for any number of convict hands . Dartmoor was opened in r85o; two years later a convict prison was established at See also:Portsmouth in connexion with the dockyard, and another of the same class at See also:Chatham in 1856 . The third stage in Sir George Grey's scheme contemplated the enforced See also:emigration of released convicts, whom the discipline of separation and public works was supposed to have purged and purified, and who would have better hopes of entering on a new career of honest See also:industry in a new country than when thrown back among vicious associations at home . The theory was good, the practice impossible . No colony would receive these ticket-of-leave men . See also:Van See also:Diemen's Land positively refused to do so, even though this denial cut off the See also:supply of labour, now urgently needed .

The appearance of a convict See also:

ship at the Cape of Good Hope nearly produced a revolt . Although See also:Earl Grey addressed a circular letter to all colonial governments offering them the questionable boon of transportation, only one, the comparatively new colony of Western See also:Australia, accepted . But this single receptacle could not absorb a tithe of the whole number of convicts awaiting exile . It became necessary therefore to find some other means for their disposal . Accordingly, in 1853 the first Penal Servitude Act was passed, substituting certain shorter sentences of penal servitude for transportation . It was only just to abbreviate the terms; under the old sentence the transportee knew that if well conducted he would spend the greater part of it in See also:comparative freedom . But although sentences were shortened it was not thought safe to surrender all See also:control over the released convict; and he was only granted a ticket-of-leave for the unexpired portion of his original sentence . No effective supervision was maintained over these convicts at large . They speedily relapsed into crime; their numbers, as the years passed, became so great and their depredations so serious, especially in garrotte robberies, that a cry of indignation was raised against the system, which Ied to its See also:arraignment before a select committee of the House of Commons in 1863 . Meanwhile prison discipline in the elementary stage, as inflicted on lesser offenders, was continually discussed . The subject was referred to many committees for inquiry, and it was shown that there was a lamentable want of uniformity in the enforcement of legal penalties . The processes and treatment varied with the localities .

Dietaries differed, here too ample, there meagre to starvation . The amount of exercise allowed varied greatly; there was no universal rule as to employment . In some prisons hard labour was insisted upon, and embraced tread-wheels or the newly-invented cranks; in some it did not exist at all . The cells inhabited by prisoners (and separate cellular confinement was now very general) were of different dimensions—variously lighted, warmed and ventilated . The time spent in these cells was not invariably the same, and as yet no authoritative decision had been made between the solitary and silent systems . The first named had been tried at Pentonville, but the period had been greatly reduced . The duration had been at first fixed at eighteen months, but it was proved that the prisoners' minds had become enfeebled by. this long isolation, and the period was limited to nine months . In many jurisdictions however the silent system, or that of associated labour in silence, was still preferred; and there might be prisons within a short distance of each other at which two entirely different systems of discipline were in force .. In 1849 Mr See also:

Charles See also:Pearson, M.P., moved for a select committee to report upon the best means of securing some uniform system which should be at once punitive, reformatory and self-supporting . He urged that all existing plans were inefficacious, and he advocated a new scheme by which the labour of all prisoners should be applied to See also:agriculture in See also:district prisons . The result of a full inquiry was the reiteration of views already accepted in theory but not yet generally adopted in practice . Thirteen more years elapsed and still no such steps had been taken .

A new committee sat in 1863, and in its report again remarked in no measured terms upon the many and wide See also:

differences that still existed in the gaols of Great See also:Britain as regards construction, See also:diet, labour and general discipline, " leading to an inequality, uncertainty and inefficiency of punishment productive of the most prejudicial results." Matters could only be mended by the exercise of legislative authority, and this came in the Prison Act of 1865, an act which consolidated all previous statutes on the subject of prison discipline, many of its provisions being still in force . Yet the years passed and uniformity was still far from secured; it was impossible indeed while prison administration was still See also:left to a number of local authorities, no two of which were often of the same mind . The legislature had tried its best, but had failed . It had exercised some supervision through its inspectors, had forbidden cells to be used until duly certified as See also:fit, and had threatened to withhold exchequer contributions from prisons of which unfavourable reports were received . Such penalties had exercised no sufficient terrors . It began to be understood, moreover, that the prisons under local jurisdictions were not always conveniently and economic-ally situated . Crime, with the many facilities offered for rapid locomotion to those who committed it, had ceased to be merely local, and the whole state rather than individual communities ought to be taxed; prison charges should be borne by the public exchequer and not by local rates . These considerations gained strength and led at length to the introduction of the Prison See also: