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England and Wales

Imprisonment is the harshest penalty available to the courts of England and Wales, since the death penalty was abolished for murder in 1969. Currently, around 110,000 offenders are each year committed to the 137 institutions that make up the prison system, providing employment for more than 43,000 staff to keep them there. All of this stands in stark contrast to the situation just over 50 years ago, when, in 1946, there were about 40 prisons, approximately 15,000 prisoners, and around 2,000 staff (Morgan, 2002, p. 1117). The reasons for this striking increase are complex, yet there is considerable consensus that the prison system in England and Wales has been in a state of ever-deepening crisis since the early 1970s.

Even though conclusions drawn from international comparisons should always be treated with caution, it is clear that England and Wales consistently use imprisonment to a greater extent than practically every other country in Western Europe. In 2002, for instance, 139 persons were incarcerated per 100,000 population in England and Wales, compared to 96 in Germany, 95 in Italy, 93 in the Netherlands, and 68 in Sweden (Walmsley, 2003, p. 5). Such crude comparisons also indicate that England and Wales lie behind the global leaders in imprisonment—Russia, the United States, China, and South Africa—as well as most of the countries in Eastern Europe. Of course, these international differences can only be properly explained through separate and detailed analyses of the political changes, cultural sensibilities, economic landscapes, and social histories that each of these societies has experienced. Such a task is beyond the scope of this entry; instead the more modest ambition is to chart the historical origins of imprisonment and provide an overview of contemporary problems that sustain the prison crisis.

The Origins of Imprisonment

Any attempt to identify the exact moment when the prison was born in England and Wales is an exercise doomed to failure. For as Christopher Harding and his colleagues (Harding, Hines, Ireland, & Rawlings, 1985) point out, some form “of detention becomes necessary as soon as disputes over wrongs come to be settled in any but the most immediate and brutal fashion” (p. 3). According to the historian Ralph Pugh (1968, p. 1) the holding of defendants prior to trial was probably the earliest use of imprisonment, a practice that dates from the ninth century in England. At this time, the accused were held awaiting “gaol delivery” (the arrival of traveling courts) usually in makeshift structures such as castle dungeons, hall cellars, town gates, and stables.

Imprisonment in medieval England came to serve three main uses: custodial (detaining those waiting trial or sentence), coercive (forcing fine defaulters and debtors into making good their misfortune), and punitive (as punishment in its own right). The main role of early prisons was to detain rather than punish, with the coercive function used almost exclusively for recovering civil debt. The punitive potential of imprisonment was not thought to be useful until the late 18th century. Until this point, the customary forms of punishment were primarily corporal or capital including banishment, execution, mutilation, branding, whipping, and forms of public shaming.

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