A prison ought to be used for the keeping of men, not for their punishment.

Explanation

Imprisonment before conviction is custody, not punishment — the gaol holds the accused for trial, not to inflict suffering. Any pretrial condition that punishes before judgment perverts the purpose of confinement.

Where this applies

• I'm being held in jail for months before trial as if I've already been convicted.
• The conditions of my pretrial detention feel like punishment — but I haven't been found guilty yet.

See also

• 7.8.1 Crimes are more effectively prevented by certainty than by severity of punishment.
• 8.3.1 Justice is the steady and unceasing disposition to render to every man his due.