Imprisonment
Lawful imprisonment is defined as the incarceration of an individual who has been found guilty of a crime and sentenced to time in jail, prison, or an alternative correction facility. The intended functions of imprisonment in most societies are to punish convicted criminals, protect the public from dangerous persons, reduce recidivism, and deter others from committing crimes.
The United States has the highest percentage of citizens imprisoned than any other country in the world. Imprisonment affects the lives of millions of Americans, more than two million of which are currently behind bars. The incarceration rate has quadrupled in the US over the last 25 years largely because of public policy changes rather than an increasing crime rate. In addition, non-violent offenders and African Americans comprise a highly disproportionate number of those who are imprisoned in our nation. These facts merely scratch the surface of the injustices occurring in our nation’s prison system.
If you or a loved one has been convicted of a crime, it is important to learn about your legal rights and options with regards to imprisonment. A person can be imprisoned before and/or after a criminal trial. A person may receive imprisonment before a trial, verdict, or sentence when the court determines that there is a potential threat to society or self or that the defendant will flee before the trial is complete. Called remand, the laws regarding this type of imprisonment may vary by location and circumstance.
In other cases, imprisonment occurs after the defendant has been convicted of a crime and sentenced. When a person is convicted of a misdemeanor he may face imprisonment in a jail, which is designed to hold incarcerated individuals for a relatively short period of time. Prisons, on the other hand, are designed to house felony offenders for longer periods of time.
The location of one’s imprisonment will depend on a number of factors. Prisoners are usually separated by age (special juvenile facilities), sex (women’s and men’s facilities), federal or state, and category of risk. Imprisonment based on risk typically has three tiers: minimum, maximum, and supermax security. The first two are for non-violent and violent offenders, respectively. Super-maximum security is typically reserved for those who commit crimes while incarcerated.
While imprisonment takes away many individual rights, prisoners still have several legal rights. The Eighth Amendment protects citizens against cruel and unusual punishment. Prisoners have the right not to be assaulted or abused, the right to safe and sanitary living conditions, medical care, and much more.
Imprisonment commences upon death, parole, or the fulfillment of a person’s incarceration sentence. There are some ways that a prisoner can seek a reduced sentence. If you would like to learn more about incarceration, please contact an experienced attorney who can determine and protect your legal interests.
Related Imprisonment News
Feb 29, 2008 - 1 in 100 Americans Behind Bars
Feb 22, 2008 - Tickets instead of Jail for Nonviolent Offenses?
Feb 19, 2008 - NYC Jail Denies Inmates Sweets
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