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PURPOSES OF IMPRISONMENT

INTRODUCTION

A term of imprisonment is only one of the punishments that is imposed on an offender and generally more offenders do not actually serve prison terms wherever there is an options of fine. But because of the stigmatizing effect of prison on any body who had gone through the experience which is not that palatable. In this unit we shall examine the main purposes of imprisonment.

table of content

  1. administration of courts system 
  2. ancilliary orders
  3. development of the court system
  4. evolution of the nigerian police 
  5. imprisonments’ intended and unintended effects
  6. purposes of imprisonment 
  7. state courts in nigeria
  8. abuse of power and constraints
  9. appellate courts in nigeria
  10. courts and justice administration in nigeria
  11. inferior courts in nigeria
  12. non custodial sentence
  13. powers and responsibilities of the police
  14. structure of the nigerian police force

Remand

Imprisonment is used for Nine Major Purposes
  1.  To hold people until they can be tried, sentenced or taken to the place to which they have been sentenced; or until they can be extradited or deported. This is a function of performs with low escape mate, but with the infliction of service inconvenience and hardship on the people of whom some are eventually acquitted. In most cases, the courts refuse to grant bail or fix very stringent conditions that will entail the accused being detained in prison unnecessary, and eventually released or acquitted. Some are imprisoned to a term of years, and appeals, in the meantime he has to spend the time until his appeal succeeds, if this happen, he is not compensated. Recently, a forms clef of any staff in Nigeria was acquitted after spending eight years in prison. The major purpose of prison is to keep offenders and convicts. 
  2. To coerce people into compliance with the orders of a court. The commonest example is its use for non-payment of fines, and in a substantial number of cases the sight of the warrant of imprisonment or the experience of entering. Sometimes to force people to obey court orders, or to punish them for disobedience to court orders e.g. orders of injunction. 
  3. To protect members of the public from offenders by taking them out of circulation. Since escapes rates are low, this purpose is achieved for the duration at least of the detention, if this reason is valid, then it is only a postponement until the next offence. In fact, not all offenders or convicts are habitual offenders, and so will not strictly fall into this category. In some cases, may prisoners are in fact valuable assets to the society or their families, and the loss even for a momentary period is a loss to the society or their family. 

 For Treatment Purposes

As a sentence, to hold a person long enough to make possible a prolonged course of treatment. There is a possibility that this purpose may achieve this purpose depending on the therapeutic facilities,

including counseling and training facilities available in the particular prison. However, in Nigerian prisons, the opposite may be the case as all prisoners are often lumped together so that the hardened criminals may exercise severe negative influence on the very mild as to change the perception of the mild convict and destroy the very purpose intended.

The harsh conditions of the prison may in fact turn the offender against the society, and the ultimate and is to train and reinforce societal enemies instead of reforms and treatment.

 Deterrence

A sentence may have a purpose of deterence; that is, in the hope that temerity of the past experience may discourage the ex-prisoner from taking risking another sentences. This is quite possible in most cases. The fear of a repeat experience may in fact deer the ex-prisoner from going ahead to commit the offence. But in a lot of cases, it in fact gives them a broader perspective of the crime and a feeling of expertise of some sort, and attitude that they had learnt from their past mistakes, and they can now perfect their acts.

 General Deterrence

As a sentence, imprisonment may act as a general deterence to others in the public who may be involved in the same type of crime, or who are preparing to enter into the inglorious trade, that it does not pay, and that the cost far out weights the risk. We may argue that this is not always the case, if not capital punishment alone for armed robbery should have put a stop to this crime, instead armed robbery is still on the increase.

The truth is that the effect of a sentence on individuals is subjective and not objective. Though the fear of being caught may be deterent generally, but the fact still stands that some people are undeterrable so far as some kinds of offence are concerned, so that even a very high subjective probability of detection does not restrain them.

 Disapproval of the Offence

It shows societal disapproval of the offence; this may be the justification when the judge says after pronouncing a sentence that it will serve as a warning to others at large, and goes on to express statements that show the severely of the crime as a justification for the severe punishment.

Unfortunately there is no evidence that the view of the court represents the totality of the public, while reporting of sentences by the news media has ever had much impact – or ever could have. In any case the achievement of this aim is a mere hope, not an independent justification.

 Retributive Punishment

The retributive view is that every offender deserves to be punished for the very reason that they have offended, broken the law and caused damage to someone or the society. The justification for the imprisonment is that it will reduce the future incidence of such offences, whether by preventing or correcting the offender or by discouraging or educating other potential offenders.

Protection of the Offender

In some very unusual cases, to protect a very unpopular offender from being attacked by his victims. But in some cases the possibility of his being attacked in the prison by other in mates is very possible.

 CONCLUSION

The rationale for imprisonment of offenders must be clearly understood and applied as a background information for all person involved in the sentencing of an offender where the aim is only to punish or take vengeance may at the end not be able to achieve any useful purpose for the society and even the victim. The other aims of justice for the victims may be all too good a reason but the aims of justice in criminal law is not only for the victim but to ensure a balanced society where the rights of all members of the society is protected, the security of life and properly is of utmost importance as well to the Government. The nine reasons for imprisonment explained above is not exhaustive and as researchers come up with others the list will certainly be explained.

SUMMARY

In this unit we have tired to explain the nine major reasons for sentencing an offender to be term of imprisonment rather than other forms of punishment. We discovered that the purpose for imprisonment range from keeping the offender until he can berate to face the law and his trial, it also includes protection of the society and himself, to avoid repetition of the crime, to deter him from further crime and also a general warning to all others who may be interested in engaging in such crimes that it does not pay and society will not tolerate such behaviour.