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135-485: The Vandalism Act 1966 is a statute of the Parliament of Singapore that criminalizes a number of different acts done in relation to public and private property, namely, stealing, destroying or damaging public property; and, without the property owner's written consent, writing, drawing, painting, marking or inscribing on property; affixing posters, placards, etc. , to the property; and suspending or displaying on or from

270-406: A prison uniform . The levels of security within a prison system are categorized differently around the world, but tend to follow a distinct pattern. At one end of the spectrum are the most secure facilities ("maximum security"), which typically hold prisoners that are considered dangerous, disruptive or likely to try to escape. Furthermore, in recent times, supermax prisons have been created where

405-507: A special majority : not less than two-thirds of all MPs on the second and third readings. The bill will ordinarily take at least two Parliament sittings to be passed in the Parliament, with the first reading being a separate sitting from the subsequent two readings. However, an urgent bill accompanied by a Certificate of Urgency signed by the President may have all of its three readings done in

540-527: A "jail". The use of prisons can be traced back to the rise of the state as a form of social organization. Some Ancient Greek philosophers, such as Plato , began to develop ideas of using punishment to reform offenders instead of for retribution. Imprisonment as a penalty was used commonly for those who could not afford to pay their fines. Eventually, since impoverished Athenians could not pay their fines, leading to indefinite periods of imprisonment, time limits were set instead. The prison in ancient Athens

675-711: A Parliamentary motion for such action has been passed by at least two-thirds of all MPs. The PCMR has not rendered any adverse reports since it was set up in 1970. Three types of bills need not be submitted to the PCMR: The President generally exercises his constitutional function of assenting to bills in accordance with Cabinet's advice and does not act in his personal discretion. Therefore, except in certain instances described below, he may not refuse to assent to bills that have been validly passed by Parliament. The words of enactment in Singapore statutes are: "Be it enacted by

810-457: A bill makes substantial, and not merely incidental, provision for: the Minister for Finance must signify that the President has recommended the introduction of the bill, otherwise it may not be introduced in Parliament. On the second reading, the minister responsible for moving the bill usually makes a speech explaining the objects and reasons behind the bill. The general merits and principles of

945-549: A convicted criminal to reoffend, known as the rate of recidivism, is unusually high for those with the most serious disorders. Analysis of data in 2000 from several forensic hospitals in California, New York and Oregon found that with treatment the rate of recidivism was "much lower" than for untreated mentally ill offenders. Some prisons provide educational programs for inmates that can include basic literacy, secondary education, or even college education. Prisoners seek education for

1080-537: A decentralized "campus" pattern. A small number of prison officers, sometimes a single officer, supervise each pod. The pods contain tiers of cells arranged around a central control station or desk from which a single officer can monitor all the cells and the entire pod, control cell doors and communicate with the rest of the prison. Pods may be designed for high-security "indirect supervision", in which officers in segregated and sealed control booths monitor smaller numbers of prisoners confined to their cells. An alternative

1215-471: A favourable report or no report within the time prescribed (in which case the bill is conclusively presumed not to contain any differentiating measures), the bill is presented to the President for assent. If the PCMR submits an adverse report, Parliament can either make amendments to the bill and resubmit it to the council for approval, or decide to present the bill for the President's assent nonetheless provided that

1350-672: A first conviction if the act carried out falls within section 2(a)(i) and "the writing, drawing, mark or inscription is done with pencil, crayon, chalk or other delible substance or thing and not with paint, tar or other indelible substance or thing", or within sections 2(a)(ii) or (iii). In the Fay Michael Peter case, the appellant Michael P. Fay had earlier pleaded guilty before a district judge to two charges of vandalism by spraying red paint on two cars. Twenty other charges were taken into consideration for sentencing purposes, 16 of them charges of vandalism committed with paint. On appeal to

1485-512: A form of rehabilitation or moral reform , was based on religious ideas that equated crime with sin, and saw prisons as a place to instruct prisoners in Christian morality, obedience and proper behavior. These later reformers believed that prisons could be constructed as humane institutions of moral instruction, and that prisoners' behavior could be "corrected" so that when they were released, they would be model members of society. The concept of

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1620-547: A healthy diet and reasonable living conditions. The prison reform charity, the Howard League for Penal Reform , was established in 1866 by his admirers. Following Howard's agitation, the Penitentiary Act was passed in 1779. This introduced solitary confinement, religious instruction, a labor regime, and proposed two state penitentiaries (one for men and one for women). However, these were never built due to disagreements in

1755-425: A holding state until trial or hanging, was at the time revolutionary. His views influenced the establishment of the first prisons used as criminal rehabilitation centers. At a time when the implementation of capital punishment for a variety of relatively trivial offenses was on the decline, the notion of incarceration as a form of punishment and correction held great appeal to reform-minded thinkers and politicians. In

1890-455: A large institutional kitchen. There are many security considerations, however, that are unique to the prison dining environment. For instance, cutlery equipment must be very carefully monitored and accounted for at all times, and the layout of prison kitchens must be designed in a way that allows staff to observe activity of the kitchen staff (who are usually prisoners). The quality of kitchen equipment varies from prison to prison, depending on when

2025-609: A longer-term alternative to the death penalty, which could theoretically be imposed for the growing number of offenses in Britain. The substantial expansion of transportation was the first major innovation in eighteenth-century British penal practice. Transportation to America was abruptly suspended by the Criminal Law Act 1776 (16 Geo. 3 c.43) with the start of the American Rebellion . While sentencing to transportation continued,

2160-424: A notification made under a law. Subsidiary legislation , also known as "delegated legislation" or "subordinate legislation", is written law made by ministers or other administrative agencies such as government departments and statutory boards under the authority of a statute (often called its "parent Act") or other lawful authority, and not directly by Parliament. Although there is no general requirement (as there

2295-497: A prison depends upon factors such as the size of the prison, how many inmates the prison has, and how much funding the prison gets. Staff may include: Prisons are normally surrounded by fencing, walls, earthworks, geographical features, or other barriers to prevent escape. Multiple barriers, concertina wire , electrified fencing , secured and defensible main gates, armed guard towers , security lighting, motion sensors , dogs and roving patrols may all also be present depending on

2430-517: A request by US President Bill Clinton for clemency , President Ong Teng Cheong commuted Fay's caning from six to four strokes. The sentence was carried out on 5 May 1994. A 32-year-old Swiss national, Oliver Fricker , was charged in court on 5 June 2010 for having allegedly trespassed into the SMRT Corporation 's Changi Depot , a protected place, and vandalized a Mass Rapid Transit C151 train by spray-painting graffiti on it between

2565-613: A significant role in helping prisoners reorient their lives and become successful after reentry. Many prisons also provide a library where prisoners can check out books, or do legal research for their cases. Often these libraries are very small, consisting of a few shelves of books. In some countries, such as the United States, drastic budget cuts have resulted in many prison libraries being shut down. Meanwhile, many nations that have historically lacked prison libraries are starting to develop them. Prison libraries can dramatically improve

2700-487: A signifier of who possessed power or authority over others. Another common punishment was sentencing people to galley slavery , which involved chaining prisoners together in the bottoms of ships and forcing them to row on naval or merchant vessels. The French philosopher Michel Foucault , especially his book Discipline and Punish: The Birth of the Prison (1975), energized the historical study of prisons and their role in

2835-456: A third reading. At this stage, only amendments not of a material character may be made to the bill. The minister moving the third reading may also make a speech outlining the changes made to the bill. The bill is then put to the vote. In most cases, a simple majority of Parliament is all that is needed for the bill to be approved. However, bills seeking to amend the Constitution must be carried by

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2970-547: A tool for political repression by authoritarian regimes who detain perceived opponents for political crimes , often without a fair trial or due process ; this use is illegal under most forms of international law governing fair administration of justice . In times of war, belligerents or neutral countries may detain prisoners of war or detainees in military prisons or in prisoner-of-war camps . At any time, states may imprison civilians – sometimes large groups of civilians – in internment camps . In American English ,

3105-636: A variety of names. "Prison" is officially used for some facilities in South Australia , Victoria and Western Australia . Youth prisons in Australia are referred to as "youth correctional facilities" or "youth detention centres" among other names, depending on the jurisdiction. In Canada , while the terms "jail" and "prison" are commonly used in speech, officially named facilities use "facility", "correctional centre", "penitentiary", or "institution". A number of facilities retain their historical designation as

3240-859: A variety of reasons, including the development of skills for after release, personal enrichment and curiosity, finding something to fill their time, or trying to please prison staff (which can often secure early release for good behavior). However, the educational needs of prisoners often come into conflict with the security concerns of prison staff and with a public that wants to be "tough on crime" (and thus supports denying prisoners access to education). Whatever their reasons for participating in educational programs, prison populations tend to have very low literacy rates and lack of basic mathematical skills, and many have not completed secondary education. This lack of basic education severely limits their employment opportunities outside of prison, leading to high rates of recidivism, and research has shown that prison education can play

3375-635: Is "direct supervision", in which officers work within the pod and directly interact with and supervise prisoners, who may spend the day outside their cells in a central "dayroom" on the floor of the pod. Movement in or out of the pod to and from exercise yards, work assignments or medical appointments can be restricted to individual pods at designated times and is generally centrally controlled. Goods and services, such as meals, laundry, commissary , educational materials, religious services and medical care can increasingly be brought to individual pods or cells as well. Some modern prisons may exclude certain inmates from

3510-531: Is also managed by the Academy. In law, a custom is an established practice or behaviour that is considered to be law by the persons engaged in it. Customs do not have the force of law unless recognized in a case. "Legal" or "trade" customs are not recognized as law unless they are certain and not unreasonable or illegal. In Singapore, custom is a minor source of law as not many customs have been given judicial recognition. gaol#Noun Prisons can also be used as

3645-518: Is due to multiple factors including females being convicted of less severe offences, and being less likely to be convicted of violent offences, in comparison to males, and due to female prisoners being less likely to be violent than male prisoners. Modern prisons often hold hundreds or thousands of inmates, and must have facilities onsite to meet most of their needs, including dietary, health, fitness, education, religious practices, entertainment, and many others. Conditions in prisons vary widely around

3780-603: Is gathered in red binders, and are also accessible on-line from Singapore Statutes Online , a free service provided by the Attorney-General's Chambers of Singapore . Most statutes, apart from amending Acts and certain Acts such as Supply Acts, are assigned chapter numbers (the word "chapter" is usually abbreviated "Cap."). Revised editions (abbreviated "Rev. Ed.") of statutes that consolidate all amendments to statutes within certain periods of time are published regularly. A statute of

3915-482: Is generally not bound by previous decisions made by other judges in courts of the same level. Thus, a judge hearing a High Court case need not follow previous High Court decisions. Nonetheless, courts generally do so as a matter of comity , unless there are good reasons for doing otherwise. As the final appellate court in Singapore, the Court of Appeal is not bound by its previous decisions or those of predecessor courts such as

4050-456: Is going to get three of the best, I think he will lose a great deal of enthusiasm, because there is little glory attached to the rather humiliating experience of having to be caned. The bill was committed to a Committee of the whole House , read a third time and passed the same day. It was assented to by the President of Singapore on 31 August, and came into force on 16 September 1966. As of 2010,

4185-687: Is in the United Kingdom) for subsidiary legislation to be laid before Parliament for its information, this is usually done in Singapore. Subsidiary legislation is known by a variety of names. Section 2(1) of the Interpretation Act defines "subsidiary legislation" as meaning "any order in council, proclamation, rule, regulation, order, notification, by-law or other instrument made under any Act, Ordinance or other lawful authority and having legislative effect". Subsidiary legislation must, unless otherwise expressly provided in any statute, be published in

Vandalism Act - Misplaced Pages Continue

4320-527: Is provided for the benefit of the people must be considered extremely serious, for it is the people themselves who ultimately pay for the services and amenities provided by the Government. However, there are, regrettably, certain irresponsible persons in the community who find a cruel joy in destroying and damaging public property. In the interests of the nation, it is therefore necessary that the minority who cause damage should be dealt with severely. Taking part in

4455-700: Is the supreme law of Singapore. Any law the Legislature enacts after the commencement of the Constitution that is inconsistent with it is, to the extent of the inconsistency, void. Statutes of the Singapore Parliament, as well as English statutes in force in Singapore by virtue of the Application of English Law Act 1993 , are published in looseleaf form in a series called the Statutes of the Republic of Singapore , which

4590-525: Is widely understood and more common in usage. In Australia , the words "gaol", "jail" and "prison" are commonly used. The spelling "gaol" was in official use in the past, and many historical gaols are now tourist attractions, such as the Maitland Gaol . Officially, the term "correctional centre" is used for almost all prisons in New South Wales and Queensland , while other states and territories use

4725-487: Is written law made by ministers or other administrative agencies such as government departments and statutory boards under the authority of a statute (often called its "parent Act") or other lawful authority, and not directly by Parliament. As Singapore is a common law jurisdiction , judgments handed down by the courts are considered a source of law. Judgments may interpret statutes or subsidiary legislation, or develop principles of common law and equity laid down, not by

4860-635: The Electronic Gazette website. As Singapore is a common law jurisdiction , judgments of the courts are considered a source of law. Judgments may interpret statutes or subsidiary legislation, or develop principles of common law and equity that have been laid down, not by the legislature, but by previous generations of judges. Major portions of Singapore law, particularly contract law , equity and trust law , property law and tort law , are largely judge-made, though certain aspects have now been modified to some extent by statutes. Legal certainty and

4995-513: The Government Gazette and, unless expressly provided in the subsidiary legislation itself, takes effect and comes into operation on the date of its publication. No subsidiary legislation made under an Act of Parliament may be inconsistent with the provisions of any Act. This means that any subsidiary legislation that was made ultra vires its parent Act (that is, the Act did not confer power on

5130-484: The High Court against the trespass sentence. On 18 August, Justice V.K. Rajah increased the sentence to four months, calling the original sentence "manifestly inadequate", thus requiring Fricker to serve seven months' jail altogether. He also commented that "[w]hile some might regard graffiti as a stimulating and liberating activity that adds colour, spice and variety to a staid environment", such actions were "offensive to

5265-580: The High Court may impose a caning penalty on juvenile offenders as well. In a 1968 case, the High Court held that despite the wording of this provision, a subordinate court may sentence juveniles to caning under the Vandalism Act as that Act takes precedence over the CYPA. The 1994 conviction of 18-year-old American citizen Michael P. Fay for vandalizing cars using spray paint, and the sentence of six strokes of

5400-454: The High Court that the original legislative intent behind the imposition of a caning penalty was to suppress violent political elements which existed in Singapore in the 1960s which had, among other things, inscribed anti-national slogans in public places. However, Chief Justice Yong Pung How took the view that it was "too simplistic" to claim that the Act was aimed mainly at punishing riotous anti-national elements: "That may have been one of

5535-620: The Supreme Court of Singapore . The Academy has also republished cases decided since Singapore's full independence in 1965 that appeared in the MLJ in special volumes of the SLR, and is currently working on a reissue of this body of case law. Cases published in the SLR as well as unreported judgments of the Supreme Court and Subordinate Courts are available on-line from a fee-based service called LawNet , which

Vandalism Act - Misplaced Pages Continue

5670-449: The second reading of the bill on 26 August, its introducer, the Minister of State for Defence Wee Toon Boon, said that Members of Parliament were aware of the reasons for the bill ... for we have witnessed for some time the sorry spectacle of people of ill-will smearing and defacing our fair city. The writing of slogans, drawing of pictures, painting and marking or inscribing on public and private property has been rampant. Indeed, even

5805-535: The 17th century in Russia , in remote underpopulated areas of Siberia and the Russian Far East , that had few towns or food sources. Siberia quickly gained its fearful connotation of punishment. John Howard was one of the most notable early prison reformers . After having visited several hundred prisons across Great Britain and Europe, in his capacity as high sheriff of Bedfordshire , he published The State of

5940-547: The 19th century would see the first movement toward prison reform , and by the 1810s, the first state prisons and correctional facilities were built, thereby inaugurating the modern prison facilities available today. France also sent criminals to overseas penal colonies, including Louisiana , in the early 18th century. Penal colonies in French Guiana operated until 1952, such as the notable Devil's Island ( Île du Diable ). Katorga prisons were harsh work camps established in

6075-453: The Act are arrestable and non-bailable . Thus, a person committing such an offence may be arrested without a warrant by a police officer and, in some circumstances, a private person. The Act also provides that in the case of a prosecution for dishonestly receiving stolen property under section 411 of the Penal Code , where the stolen property is public property, it shall be presumed unless

6210-566: The Act had not been amended significantly since it was enacted. Jothie Rajah of the American Bar Foundation has argued that the actual target of the law was activists from the Barisan Sosialis , an opposition party harshly suppressed at the time, which used posters and graffiti to spread its message. In the 1994 case Fay Michael Peter v. Public Prosecutor , the appellant 's counsel made a similar argument, submitting briefly before

6345-536: The Act is expressly made subject to sections 325(1) and 330(1) of the Criminal Procedure Code, which prohibit a caning sentence from being imposed on women, men considered by the court to be more than 50 years old, and men sentenced to death . Caning sentences may be imposed on juveniles above the age of seven years and under 16 years, as the Children and Young Persons Act specifically states that, notwithstanding

6480-569: The Bill to a Constitutional Tribunal, the bill is deemed to have been assented to on the day following the expiry of the 30-day period. The procedure is similar for a bill mentioned in paragraph 2, except that if the Constitutional Tribunal rules that the bill has a circumventing or curtailing effect, the Prime Minister has no power to put the bill to a referendum. This ensures that changes to

6615-405: The High Court, Fay's counsel argued that the Act, properly interpreted , showed that Parliament had not intended to punish all acts of vandalism using paint with caning, and that in each case the court had to determine if the paint used was easily removable or not before deciding whether to sentence the defendant to caning. Chief Justice Yong Pung How rejected this submission on the ground that there

6750-543: The Parliamentary debate, the Prime Minister Lee Kuan Yew commented that the bill, which sought to impose a mandatory caning sentence on persons convicted for the first time of vandalism with an indelible substance, was a "departure from what is normal criminal law legislation". However, the punishment was necessary because ... we have a society which, unfortunately, I think, understands only two things –

6885-412: The President may refer to a tribunal consisting of not less than three judges of the Supreme Court for its opinion any question as to the effect of any provision of the Constitution that has arisen or appears likely to arise. Where a Constitutional Tribunal has given an opinion, no court has jurisdiction to question the opinion, or the validity of any law the bill for which was the subject of a reference to

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7020-474: The President with the advice and consent of the Parliament of Singapore, as follows:". The President may act in his discretion in withholding assent to any of the following types of bills passed by Parliament: As regards a bill mentioned in paragraph 1, the President, acting in accordance with the advice of the Cabinet, may refer to a Constitutional Tribunal the question of whether the bill circumvents or curtails

7155-482: The President's discretionary powers can only be made by way of constitutional amendments and not ordinary statutes. If the President withholds his assent to any Supply Bill, Supplementary Supply Bill or Final Supply Bill referred to in paragraph 5 contrary to the recommendation of the Council of Presidential Advisers, Parliament may by resolution passed by not less than two-thirds of the total number of elected MPs overrule

7290-502: The Prisons in 1777. He was particularly appalled to discover prisoners who had been acquitted but were still confined because they could not pay the jailer's fees. He proposed wide-ranging reforms to the system, including the housing of each prisoner in a separate cell and the requirements that staff should be professional and paid by the government, that outside inspection of prisons should be imposed, and that prisoners should be provided with

7425-475: The Privy Council. However, the Court continues to treat such decisions as "normally binding" and only departs from them "where adherence to such prior decisions would cause injustice in a particular case or constrain the development of the law in conformity with the circumstances of Singapore". Only the ratio decidendi (that is, the legal principle that determines the outcome) of a case is binding according to

7560-528: The Singapore Parliament begins its life as a bill , which is usually introduced in Parliament by a government minister . In practice, most legislation is initiated by the Cabinet , either acting on its own or on the advice of senior civil servants . Bills go through the following stages in Parliament: At the first reading, the bill is introduced into Parliament, usually by the responsible minister. No debate on

7695-600: The Singapore Parliament, as well as by other bodies such as the British Parliament , Governor-General of India in Council and Legislative Council of the Straits Settlements , which had power to pass laws for Singapore in the past. Statutes enacted by these other bodies may still be in force if they have not been repealed . One particularly important statute is the Constitution of the Republic of Singapore , which

7830-660: The Tribunal. During Straits Settlements times, cases pertaining to Singapore appeared in various privately produced and official series of law reports such as Kyshe's Reports (covering cases decided between 1808 and 1939), the Straits Law Journal (1839–1891) and the Straits Settlements Law Reports (1867–1942). From 1932 until 1992, Singapore cases appeared regularly in the Malayan Law Journal (MLJ),

7965-505: The act instituted a punishment policy of hard labor instead. The suspension of transport also prompted the use of prisons for punishment and the initial start of a prison building program. Britain would resume transportation to specifically planned penal colonies in Australia between 1788 and 1868. Jails at the time were run as business ventures, and contained both felons and debtors; the latter were often housed with their wives and younger children. The jailers made their money by charging

8100-552: The agency to make the subsidiary legislation) or is not consistent with any other statute is void to the extent of the inconsistency. Subsidiary legislation currently in force in Singapore is published in looseleaf form in a series called the Subsidiary Legislation of the Republic of Singapore , which is gathered in black binders. New subsidiary legislation published in the Gazette may be viewed for free on-line for five days on

8235-422: The authorities will seek to extradite him to stand trial in Singapore if there is an extradition treaty between Singapore and the country where he is found. On 25 June, Fricker pleaded guilty to the charges against him and was sentenced to two months' jail for trespass and three months' jail and three strokes of the cane for vandalism, the jail terms to run consecutively. Both Fricker and the prosecution appealed to

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8370-448: The bill are then debated. The bill then proceeds to the committee stage, where the details of the drafting of the proposed law are examined. Where a bill is relatively uncontroversial, it is referred to a committee of the whole Parliament ; in other words, all the MPs attending the sitting form a committee and discuss the bill clause by clause. Bills that are more controversial, or that require

8505-603: The bill takes place. The bill is considered as having been read after the MP introducing it has read aloud its long title and laid a copy of it on the Table of the House, and the Clerk of Parliament has read out its short title . Copies of the bill are then distributed to MPs, and it is published in the Government Gazette for the public's information. The bill is then scheduled for its second reading. If

8640-408: The bill, the Prime Minister may direct that the bill be submitted to the electors for a national referendum. In that case, the bill only becomes law if it is supported by not less than two-thirds of the total number of votes cast at the referendum. If 30 days have expired after a bill has been presented to the President for assent and he or she has neither signified the withholding of assent nor referred

8775-604: The cane for breaking into SMRT's Bishan Depot in November 2014 and vandalising a C151 train cabin by spraypainting it. Sources of Singapore law#Statutes There are three general sources of Singapore law : legislation , judicial precedents ( case law ), and custom . Legislation is divided into statutes and subsidiary legislation. Statutes are written laws enacted by the Singapore Parliament , as well as by other bodies that had power to pass laws for Singapore in

8910-430: The cane imposed on him, provoked much controversy with both condemnation and support from Americans. Following a request by US President Bill Clinton for clemency , President Ong Teng Cheong commuted Fay's caning sentence from six to four strokes. In 2010, a Swiss national, Oliver Fricker , pleaded guilty to charges of trespassing into a Mass Rapid Transit depot and spray-painting a train with an accomplice, and

9045-694: The capital Rome, but throughout the Roman Empire. However, a regulated prison system did not emerge. In Medieval Songhai , results of a trial could have led to confiscation of merchandise or imprisonment as a form of punishment, since various prisons existed in the empire. During the Middle Ages in Europe, castles, fortresses, and the basements of public buildings were often used as makeshift prisons. The capability to imprison citizens granted an air of legitimacy to officials at all levels of government and served as

9180-778: The cell door, and each inmate is allowed one hour of outdoor exercise per day, alone. They are normally permitted no contact with other inmates and are under constant surveillance via closed-circuit television cameras. On the other end are "minimum security" prisons which are most often used to house those for whom more stringent security is deemed unnecessary. For example, prisoners convicted of white-collar crime (which rarely results in incarceration) are almost always sent to minimum-security prisons due to them having committed nonviolent crimes. Lower-security prisons are often designed with less restrictive features, confining prisoners at night in smaller locked dormitories or even cottage or cabin-like housing while permitting them free movement around

9315-590: The cell door. Prison food in many developed countries is nutritionally adequate for most inmates. Prisons in wealthy, industrialized nations provide medical care for most of their inmates. Additionally, prison medical staff play a major role in monitoring, organizing, and controlling the prison population through the use of psychiatric evaluations and interventions (psychiatric drugs, isolation in mental health units, etc.). Prison populations are largely from poor minority communities that experience greater rates of chronic illness, substance abuse, and mental illness than

9450-404: The committee and pressures from wars with France , and jails remained a local responsibility. But other measures passed in the next few years provided magistrates with the powers to implement many of these reforms, and eventually, in 1815, jail fees were abolished. Quakers were prominent in campaigning against and publicizing the dire state of the prisons at the time. Elizabeth Fry documented

9585-402: The conditions that prevailed at Newgate prison , where the ladies' section was overcrowded with women and children, some of whom had not even received a trial. The inmates did their own cooking and washing in the small cells in which they slept on straw. In 1816, Fry founded a prison school for the children who were imprisoned with their parents. She also began a system of supervision and required

9720-425: The custody level goes beyond maximum security for people such as terrorists or political prisoners deemed a threat to national security , and inmates from other prisons who have a history of violent or other disruptive behavior in prison or are suspected of gang affiliation. These inmates have individual cells and are kept in lockdown , often for more than 23 hours per day. Meals are served through "chuck-holes" in

9855-499: The decision of the President. If Parliament does not do so within 30 days of the withholding of assent, it may authorize expenditure or supplementary expenditure, from the Consolidated Fund and Development Fund during the relevant financial year, provided that: If 30 days have passed after a Supply Bill, Supplementary Supply Bill or Final Supply Bill has been presented to the President for assent and her or she has not signified

9990-467: The defendant is able to prove otherwise that the person who received or retained the property knew or had reason to believe that the property was stolen public property, and also that he or she received or retained it dishonestly. On 3 March 1994, Michael P. Fay , an 18-year-old American citizen, pleaded guilty to two charges of vandalizing 18 cars by spray-painting them, damaging them using hot tar, paint remover, and hatchets, pelting eggs at them, slashing

10125-434: The defendants would be sentenced to death. Rulers began looking for means to punish and control their subjects in a way that did not cause people to associate them with spectacles of tyrannical and sadistic violence. They developed systems of mass incarceration , often with hard labor, as a solution. The prison reform movement that arose at this time was heavily influenced by two somewhat contradictory philosophies. The first

10260-404: The determination of whether they will be placed in a mental health unit), and many other factors. This sorting of prisoners is one of the fundamental techniques through which the prison administration maintains control over the inmate population and attempts to reduce risks and liabilities in an attempt to create an orderly and secure prison environment. At some prisons, prisoners are made to wear

10395-504: The disciplinary system advocated by the SIPD. By the 1840s, penal transportation to Australia and the use of hulks was on the decline, and the Surveyor-General of convict prisons, Joshua Jebb , set an ambitious program of prison building in the country, with one large prison opening per year. Pentonville prison opened in 1842, beginning a trend of ever increasing incarceration rates and

10530-451: The discretionary powers conferred on him or her by the Constitution. If the Tribunal is of the opinion that the bill does not have this effect, the President is deemed to have assented to the bill on the day after the day when the Tribunal's opinion is pronounced in open court . On the other hand, if the Tribunal feels that the bill does have the circumventing or curtailing effect, and the President either has withheld or withholds his assent to

10665-412: The doctrine of stare decisis ; other legal principles expressed that are not crucial to the final decision ( obiter dicta ) are only persuasive . As English courts do not form part of Singapore's hierarchy of courts, decisions of such courts are not binding on Singapore courts. However, as a result of Singapore's colonial heritage, English judicial precedents continue to exercise a strong influence on

10800-419: The economic benefits of providing a free source of hard labor, the proponents of the new penal code also thought that this would deter criminal activity by making a conspicuous public example of consequences of breaking the law. However, what actually ended up happening was frequent spectacles of disorderly conduct by the convict work crews, and the generation of sympathetic feelings from the citizens who witnessed

10935-536: The efficacy of legal reform had declined, as statutory changes had no discernible effect on the level of crime, and the prisons, where prisoners shared large rooms and booty including alcohol, had become riotous and prone to escapes. In response, New York developed the Auburn system in which prisoners were confined in separate cells and prohibited from talking when eating and working together, implementing it at Auburn State Prison and Sing Sing at Ossining . The aim of this

11070-470: The end of the 17th century, houses of correction were absorbed into local prison facilities under the control of the local justice of the peace. England used penal transportation of convicted criminals (and others generally young and poor) for a term of indentured servitude within the general population of British America between the 1610s and 1776. The Transportation Act 1717 made this option available for lesser crimes, or offered it by discretion as

11205-478: The eyes of the public. They suggested that prisoners be sent to secluded "houses of repentance" where they would be subjected (out of the view of the public) to "bodily pain, labor, watchfulness, solitude, and silence ... joined with cleanliness and a simple diet". Pennsylvania soon put this theory into practice, and turned its old jail at Walnut Street in Philadelphia into a state prison, in 1790. This prison

11340-449: The facility and also to allow a smaller prison staff to monitor prisoners directly, often using a decentralized "podular" layout. (In comparison, 19th-century prisons had large landings and cell blocks which permitted only intermittent observation of prisoners.) Smaller, separate and self-contained housing units known as "pods" or "modules" are designed to hold 16 to 50 prisoners and are arranged around exercise yards or support facilities in

11475-543: The first half of the 19th century, capital punishment came to be regarded as inappropriate for many crimes that it had previously been carried out for, and by the mid-19th century, imprisonment had replaced the death penalty for the most serious offenses except for murder. The first state prison in England was the Millbank Prison , established in 1816 with a capacity for just under 1,000 inmates. By 1824, 54 prisons had adopted

11610-408: The force of law unless they are recognized in a case. "Legal" or "trade" customs are not given recognition as law unless they are certain and not unreasonable or illegal. In Singapore, custom is a minor source of law as not many customs have been given judicial recognition. Legislation, or statutory law , can be divided into statutes and subsidiary legislation. Statutes are written laws enacted by

11745-450: The general population, usually for safety reasons, such as those within solitary confinement, celebrities, political figures and former law enforcement officers, those convicted of sexual crimes and/or crimes against children, or those on the medical wing or protective custody. Generally, when an inmate arrives at a prison, they go through a security classification screening and risk assessment that determines where they will be placed within

11880-500: The general population. This leads to a high demand for medical services, and in countries such as the US that do not provide tax-payer funded healthcare, prison is often the first place that people are able to receive medical treatment (which they could not afford outside). Some prison medical facilities include primary care , mental health services, dental care , substance abuse treatment, and other forms of specialized care, depending on

12015-461: The grounds to work or partake in activities during the day. Some countries (such as Great Britain ) also have "open" prisons where prisoners are allowed home-leave or part-time employment outside of the prison. Suomenlinna Island facility in Finland is an example of one such "open" correctional facility. The prison has been open since 1971 and, as of September 2013, the facility's 95 male prisoners leave

12150-426: The incentive and the deterrent. We intend to use both, the carrot and the stick. ... [A] fine will not deter the type of criminal we are facing here. He is quite prepared to go to gaol , having defaced public buildings with red paint. Flaunting the values of his ideology, he is quite prepared to make a martyr of himself and go to gaol. He will not pay the fine and make a demonstration of his martyrdom. But if he knows he

12285-520: The inmates for food, drink, and other services, and the system was generally corruptible. One reform of the seventeenth century was the establishment of the London Bridewell as a house of correction for women and children. It was the first facility to make any medical services available to prisoners. With the widely used alternative of penal transportation halted in the 1770s, the immediate need for additional penal accommodations emerged. Given

12420-490: The late 17th century and during the 18th century, popular resistance to public execution and torture became more widespread both in Europe and in the United States. Particularly under the Bloody Code , with few sentencing alternatives, imposition of the death penalty for petty crimes, such as theft, was proving increasingly unpopular with the public; many jurors were refusing to convict defendants of petty crimes when they knew

12555-468: The leadership of Cesare Lombroso (1835–1909). Another prominent prison reformer who made important contributions was Alexander Paterson who advocated for the necessity of humanizing and socializing methods within the prison system in Great Britain and America. Prisons employ people to run and maintain the prison while keeping control of the inmates. Oftentimes, the number of people employed within

12690-525: The legal system and are regarded as highly persuasive, particularly as regards the development of the common law, and the interpretation of English statutes applicable in Singapore and Singapore statutes modelled on English enactments. Judicial precedents from other jurisdictions may also be persuasive in specific areas of Singapore law. For instance, Indian decisions are persuasive in the areas of criminal law and procedure because Singapore borrowed heavily from India in these areas. The Constitution provides that

12825-417: The legislature, but by previous generations of judges. Major portions of Singapore law, particularly contract law , equity and trust law , property law and tort law , are largely judge-made, though certain aspects have now been modified to some extent by statutes. A custom is an established practice or course of behaviour that is regarded by the persons engaged in the practice as law. Customs do not have

12960-431: The level of security. Remotely controlled doors, CCTV monitoring, alarms, cages, restraints , nonlethal and lethal weapons, riot-control gear and physical segregation of units and prisoners may all also be present within a prison to monitor and control the movement and activity of prisoners within the facility. Modern prison designs have increasingly sought to restrict and control the movement of prisoners throughout

13095-462: The mistreatment of the convicts. The laws quickly drew criticism from a humanitarian perspective (as cruel, exploitative and degrading) and from a utilitarian perspective (as failing to deter crime and delegitimizing the state in the eyes of the public). Reformers such as Benjamin Rush came up with a solution that would enable the continued use of forced labor while keeping disorderly conduct and abuse out of

13230-593: The modern prison was imported to Europe in the early 19th-century. Prior forms of punishment were usually physical, including capital punishment, mutilation , flagellation (whipping), branding , and non-physical punishments, such as public shaming rituals (like the stocks ). From the Middle Ages up to the 16th and 17th centuries in Europe, imprisonment was rarely used as a punishment in its own right, and prisons were mainly to hold those awaiting trial and convicts awaiting punishment. However, an important innovation at

13365-545: The more urgent objectives at the time the Act was enacted in 1966 but a reading of the relevant Parliamentary Debates shows that the Legislature was simultaneously concerned with containing anti-social acts of hooliganism." Section 2 of the Vandalism Act defines an act of vandalism as: Public property means movable or immovable property owned by the Government of Singapore, the government of any Commonwealth or foreign country, any statutory body or authority, or any armed force lawfully present in Singapore. Notwithstanding

13500-493: The needs of the inmate population and the willingness of the prison to provide for these needs. Health care services in many prisons have long been criticized as inadequate, underfunded, and understaffed, and many prisoners have experienced abuse and mistreatment at the hands of prison medical staff who are entrusted with their care. In the United States, a million incarcerated people suffer from mental illness without any assistance or treatment for their condition. The tendency of

13635-411: The night of 16 May and the early hours of 17 May. The graffiti consisted of the words "McKoy Banos", said to be the signature of two anonymous "artists" who have tagged trains around the world. A Briton, Dane Alexander Lloyd, was also named on the charge sheet, but he was not present in court and was believed to have left Singapore for Hong Kong. A warrant of arrest for Lloyd has been issued by a court, and

13770-403: The offence, seemed to me to be throwing the floodgates open to endless and increasingly convoluted arguments about the exact scientific degree of ease with which any particular type of paint is removed: it is the sort of absurdity virtually guaranteed to thwart the legislative intent, as stated in the preamble, of providing for "exemplary punishment for acts of vandalism". The punishment imposed by

13905-553: The only local series of law reports published continuously since the 1930s, except during World War II. The MLJ is still consulted for Singapore cases decided prior to full independence in 1965. Since 1992, judgments of the High Court, Court of Appeal and Constitutional Tribunal of Singapore have appeared in the Singapore Law Reports (SLR), which is published by the Singapore Academy of Law under an exclusive licence from

14040-461: The orderly development of legal principles are promoted by the application of the doctrine of stare decisis , also known as the doctrine of binding precedent. According to this doctrine, the decisions of higher courts are binding on lower courts. Thus, judgments of the Court of Appeal are binding on the High Court , and judgments of both of these superior courts are binding on subordinate courts. A judge

14175-599: The overall social system. The book analyzed changes in Western penal systems during the modern age based on historical documents from France. Foucault argues that prison did not become the principal form of punishment just because of the humanitarian concerns of reformists . He traces the cultural shifts that led to the predominance of prison via the body and power. Prison used by the "disciplines" – new technological powers that can be found, according to Foucault, in places such as schools, hospitals, and military barracks. From

14310-473: The past. Statutes enacted by these other bodies may still be in force if they have not been repealed . One particularly important statute is the Constitution of the Republic of Singapore , which is the supreme law of Singapore. Any law the Legislature enacts after the commencement of the Constitution that is inconsistent with it is, to the extent of the inconsistency, void. Subsidiary legislation , also known as "delegated legislation" or "subordinate legislation",

14445-466: The prison grounds on a daily basis to work in the corresponding township or commute to the mainland for either work or study. Prisoners can rent flat-screen televisions, sound systems, and mini-refrigerators with the prison-labor wages that they can earn—wages range between 4.10 and €7.30 per hour. With electronic monitoring , prisoners are also allowed to visit their families in Helsinki and eat together with

14580-635: The prison staff. Prisoners in Scandinavian facilities are permitted to wear their own clothes. There are fundamental differences between the security level of men's prisons and that of women's prisons. Male prisons tend to have higher, or more severe, security levels/classifications than female prisons. This is even noticeable when comparing the construction and design of male prisons which tend to have very tall walls and towers, barbed wire and other serious security measures whereas these types of high level security measures are absent at many female prisons. This

14715-455: The prison system. Classifications are assigned by assessing the prisoner's personal history and criminal record, and through subjective determinations made by intake personnel (which include mental health workers, counselors, clerical staff, sheriff deputies, prison unit managers, and others). This process will have a major impact on the prisoner's experience, determining their security level, educational and work programs, mental health status (e.g.

14850-437: The prison was constructed, and the level of funding available to procure new equipment. Prisoners are often served food in a large cafeteria with rows of tables and benches that are securely attached to the floor. However, inmates that are locked in control units, or prisons that are on "lockdown" (where prisoners are made to remain in their cells all day) have trays of food brought to their cells and served through "chuck-holes" in

14985-421: The property any flag, banner, etc. In addition to a fine or jail term, the Act imposes mandatory corporal punishment of between three and eight strokes of the cane for second or subsequent convictions. Caning is also imposed for first convictions for defacing property using an indelible substance; and stealing, destroying or damaging public property. The Children and Young Persons Act ("CYPA") states that

15120-417: The provisions of any other written law, it is an offence under the Act to commit any act of vandalism, attempt to do any such act, or cause any such act to be done. Upon conviction, the penalty is a fine not exceeding S$ 2,000 or imprisonment not exceeding three years, and also corporal punishment of not less than three strokes and not more than eight strokes of the cane. However, caning will not be imposed on

15255-430: The provisions of any other written law, no child or young person shall be sentenced by any court other than the High Court to corporal punishment. Despite the express words reserving to the High Court the power to impose the penalty, the Court has held that caning may be imposed on a child or young person by a subordinate court as the Vandalism Act takes precedence over the Children and Young Persons Act. Offences under

15390-506: The quality of life for prisoners, who have large amounts of empty time on their hands that can be occupied with reading. This time spent reading has a variety of benefits including improved literacy, ability to understand rules and regulations (leading to improved behavior), ability to read books that encourage self-reflection and analysis of one's emotional state, consciousness of important real-world events, and education that can lead to successful re-entry into society after release. In 2024,

15525-465: The same sitting. Once most bills have been passed by Parliament, they must be submitted to a non-elected advisory body called the Presidential Council for Minority Rights (PCMR). The PCMR's responsibility is to draw attention to any legislation that, in its opinion, is a "differentiating measure", that is, one that discriminates against any racial or religious community. When the Council makes

15660-707: The sensibilities of the general public". Five youths were charged with vandalism for spray painting graffiti on a large wall panel on the top of the Block 85A Toa Payoh Lorong with expletives directed against the ruling party . The youths had stolen spray paint cans from a parked truck and entered the rooftop of the HDB block to carry out the act. A contractor and other HDB residents complained. All five were given probation sentences and were electronically tagged. On 5 March 2015, two Germans , Andreas Von Knorre and Elton Hinz, were each sentenced to nine months' imprisonment and three strokes of

15795-428: The sentence. The caning sentence provoked much controversy in the United States, and was condemned as cruel and excessive for a non-violent offence. On the other hand, a significant number of Americans supported the penalty, reasoning that American citizens who travelled abroad had to respect the laws of the countries that they visited, and that the United States was not tough enough on its own juvenile offenders. Following

15930-404: The sides of drains have been used by anti-social and anti-national elements in the name of democracy, but their crude artistic feats in effect destroy and deface what democracy has built for the people. Singapore has also recently witnessed acts of vandalism like the theft of insulating oil from electrical power stations and the wanton damage to fountains. Damaging or destroying public property which

16065-428: The terms prison and jail have separate definitions, though this is not always adhered to in casual speech. Outside of the United States, prison and jail often have the same meaning. In New Zealand , the terms "jail" and "prison" are commonly used, although the terms "correctional facility" and "prison" among others are in official usage. In Papua New Guinea , "prison" is officially used, although "jail"

16200-514: The time was the Bridewell House of Corrections, located at Bridewell Palace in London, which resulted in the building of other houses of correction . These houses held mostly petty offenders, vagrants, and the disorderly local poor. In these facilities, the inmates were given " prison labor " jobs that were anticipated to shape them into hardworking individuals and prepare them for the real world. By

16335-400: The tires of taxis, scratching and denting cars, and kicking the door of a car and bashing it with a brick between 17 and 18 September 1993 together with three accomplices. One of the cars belonged to Judicial Commissioner Amarjeet Singh. Fay was sentenced by a District Court to two months' imprisonment and three strokes of the cane on each charge. The High Court later rejected an appeal against

16470-428: The undeveloped institutional facilities, old sailing vessels , termed hulks , were the most readily available and expandable choice to be used as places of temporary confinement . While conditions on these ships were generally appalling, their use and the labor thus provided set a precedent which persuaded many people that mass incarceration and labor were viable methods of crime prevention and punishment. The turn of

16605-463: The use of prison as the primary form of crime punishment. Robert Peel's Gaols Act of 1823 introduced regular visits to prisoners by chaplains, provided for the payment of jailers and prohibited the use of irons and manacles. In 1786, the state of Pennsylvania passed a law that mandated that all convicts who had not been sentenced to death would be placed in penal servitude to do public works projects such as building roads , forts , and mines. Besides

16740-401: The views of interested groups or the public, are often referred to a select committee . This is a committee of selected MPs who invite interested people to make representations to the committee. Public hearings to hear submissions on the bill may be held. The select committee then reports its findings, together with any suggested amendments to the bill, to Parliament. The bill then goes through

16875-417: The withholding of assent, the President is deemed to have assented to the bill on the day immediately following the expiration of the 30-day period. Upon receiving presidential assent, a bill becomes law and is known as an Act of Parliament . However, the Act only comes into force on the date of its publication in the Government Gazette , or on such other date that is stipulated by the Act or another law, or

17010-734: The women to sew and to read the Bible. In 1817, she helped to found the Association for the Reformation of the Female Prisoners in Newgate. The theory of the modern prison system was born in London, influenced by the utilitarianism of Jeremy Bentham . Bentham's panopticon introduced the principle of observation and control that underpins the design of the modern prison. The notion of prisoners being incarcerated as part of their punishment and not simply as

17145-440: The world, and the types of facilities within prisons depend on many intersecting factors including funding, legal requirements, and cultural beliefs/practices. Nevertheless, in addition to the cell blocks that contain the prisoners, there are also certain auxiliary facilities that are common in prisons throughout the world. Prisons generally have to provide food for a large number of individuals, and thus are generally equipped with

17280-533: Was rehabilitative : the reformers talked about the penitentiary serving as a model for the family and the school and almost all the states adopted the plan (though Pennsylvania went even further in separating prisoners). The system's fame spread and visitors to the U.S. to see the prisons included de Tocqueville who wrote Democracy in America as a result of his visit. The use of prisons in Continental Europe

17415-509: Was based in Enlightenment ideas of utilitarianism and rationalism , and suggested that prisons should simply be used as a more effective substitute for public corporal punishments such as whipping, hanging, etc. This theory, referred to as deterrence , claims that the primary purpose of prisons is to be so harsh and terrifying that they deter people from committing crimes out of fear of going to prison. The second theory, which saw prisons as

17550-490: Was known as the desmoterion or "the place of chains". The Romans were among the first to use prisons as a form of punishment rather than simply for detention. A variety of existing structures were used to house prisoners, such as metal cages, basements of public buildings, and quarries . One of the most notable Roman prisons was the Mamertine Prison , established around 640 B.C. by Ancus Marcius . The Mamertine Prison

17685-474: Was located within a sewer system beneath ancient Rome and contained a large network of dungeons where prisoners were held in squalid conditions contaminated with human waste . Forced labor on public works projects was also a common form of punishment. In many cases, citizens were sentenced to slavery , often in ergastula (a primitive form of prison where unruly slaves were chained to workbenches and performed hard labor). There were numerous prisons not only in

17820-562: Was modeled on what became known as the "Pennsylvania system" (or "separate system"), and placed all prisoners into solitary cells with nothing other than religious literature, made them wear prison uniforms , and forced them to be completely silent to reflect on their wrongs. New York soon built the Newgate state prison in Greenwich Village, which was modeled on the Pennsylvania system, and other states followed. But, by 1820, faith in

17955-495: Was never as popular as it became in the English-speaking world , although state prison systems were largely in place by the end of the 19th century in most European countries. After the unification of Italy in 1861, the government reformed the repressive and arbitrary prison system they inherited, and modernized and secularized criminal punishment by emphasizing discipline and deterrence. Italy developed an advanced penology under

18090-400: Was no reason to deviate from the plain meaning of the words in the Act. There was no indication in the Act of any Parliamentary intention to subject all acts of vandalism committed with paint to an ad hoc test of indelibility. He said: Conversely, to compel the courts to admit in every vandalism case involving paint, a plethora of evidence on the delibility or otherwise of the paint used in

18225-540: Was sentenced to five months' jail and three strokes of the cane. On appeal, the High Court increased his total jail term to seven months, leaving the caning sentence unchanged. Vandalism was originally prohibited by the Minor Offences Act, which made it punishable by a fine of up to S$ 50 and/or a week in jail. The Vandalism Act was introduced into Parliament as the Punishment for Vandalism Bill on 17 August 1966. At

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