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Communicating with Prisoners

Public Interest Analysis

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II. Gender Imprisonment A. Punishment Sex Ratio 1. Debt Effect

Notes

Number of Imprisoned Debtors in England Before 1775

In 17th & 18th century England, debtor-prisoners were numerous. Estimates of the extraordinarily high number of debtor-prisoners varied widely.

Debtor Imprisonment Throughout History

Debtor imprisonment existed in ancient Judea, the ancient Islamic world, and in medieval Europe.

Industrial Revolution Didn’t Increase Debtor-prisoner Prevalence in England

The prevalence of debtor-prisoners in England was much greater in 1670 than in any subsequent time.

Estimates of Imprisoned Debtor Population in England Before 1775

Haagen estimated that prisoners for debt in England peaked at 6000 about 1729. A peak of 15000 in 1670 is a better estimate.

Historical Share of Debtors in English Prisons

From 1670, when debtors accounted for roughly 90% of prisoners, the share of debtor-prisoners declined to 10% by 1840.

Husbands’ Legal Responsibility for Wives’ Debts

In 17th and 18th century England, husbands were legally subject to imprisonment for debt, but wives weren’t. That created distinctive concerns for men.

Pounds of Flesh in English Actions for Debt

Physical threat to the debtor’s body from debt law was a well-understood reality for Merchant of Venice playgoers in England about 1600.

England Distinctive for Early-Modern Debt Imprisonment

The early-modern English practice of imprisoning defaulting debtors at the will of the creditor was distinctive across Europe and Islamic lands.

Aggregating Ratios

Population ratios do not aggregate linearly.

Husband Criminal Responsibility Under Common Law

Under English common law, wives who committed criminal acts in their husbands’ presence had a presumption under law of husband criminal responsibility

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Communicating with Prisoners