Imprisonment in the United States

Sanction of confinement imposed on a person found guilty of a crime. Terms of imprisonment are defined by legislative bodies, which establish minimum and maximum sentences for an offense. Judges then chose from the statutory range when imposing sentence on a particular offender. Sentences may be either determinate or indeterminate. Determinate or fixed sentences require a judge to specify a definite term from the range. If the range for an offense runs from five to ten years, the judge fixes the sentence at, for example, six years. Indeterminate sentences, on the other hand, are those where a judge sets a minimum and maximum from the range. How long a person actually serves beyond the minimum is indefinite. The decision as to actual length is made by correctional authorities, most often parole boards. If an offender is convicted of more than one offense or count, sentences may be imposed for each. These sentences may be concurrent or run simultaneously. If the offender must serve consecutive sentences, they are served one after the other. Terms of imprisonment may be supplemented on the basis of recidivist or habitual offender statutes. Such laws require additional periods of incarceration for offenders with previous convictions. The length of recidivist supplements increases with prior convictions. In virtually every imprisonment situation, prisoners may earn time off their sentences by behaving satisfactorily. Such early release consideration is called “good time.” It acts as an incentive for good behavior, and is generally recognized as an essential ingredient for maintaining order in prisons.

See Also

Probation (Criminal Process) Sentence (Criminal Process).

Analysis and Relevance

Imprisonment is a criminal sanction generally reserved for serious offenders. An exception, of course, is the local jail terms for certain misdemeanors. Detention in county jails for a misdemeanor cannot exceed one year in length. This misdemeanor maximum sentence is imposed infrequently because local facilities are typically filled to capacity with people awaiting felony trials and those awaiting transfer to state prison facilities to begin more lengthy sentences for felony convictions. Increasing use of imprisonment, especially for fixed or determinate periods, reflects a movement toward the view that sentences are supposed to punish rather than rehabilitate. Long term incarceration also keeps those who have been convicted of violent or assaultive crimes physically segregated from the public. Implementation of punishment or segregative sentencing objectives requires a capacity to house many prisoners, however, leading to costly expansion in prison facilities in recent years.

Notes and References

1. Definition of Imprisonment from the American Law Dictionary, 1991, California

Imprisonment Definition

The restraint of a man’s liberty. 2 Bish. Grim. Law, § 669. The restraint of a person contrary to his will. 2 Inst. 589; 1 Baldw. (U. S.) 239, 600. Any forcible detention of a man’s person, or control over his movements. 3 Harr. (Del.) 418. Actual confinement is not essential, a forcible detention on the street being sufficient. 3 Bl. Comm. 127. Nor is actual manual violence. 100 Mass. 79. Words are sufficient to constitute an imprisonment, if they impose a restraint upon the person, and the plaintiff is accordingly restrained; for he is not obliged to incur the risk of personal violence and insult by resisting, until actual violence is used. 9 N. H. 493.

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Legal Issue for Attorneys

The restraint of a man’s liberty. 2 Bish. Grim. Law, § 669. The restraint of a person contrary to his will. 2 Inst. 589; 1 Baldw. (U. S.) 239, 600. Any forcible detention of a man’s person, or control over his movements. 3 Harr. (Del.) 418. Actual confinement
is not essential, a forcible detention on the street being sufficient. 3 Bl. Comm. 127. Nor is actual manual violence. 100 Mass. 79. Words are sufficient to constitute an imprisonment, if they impose a restraint upon the person, and the plaintiff is accordingly restrained; for he is not obliged to incur the risk of personal violence and insult by resisting, until actual violence is used. 9 N. H. 493.

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This definition of Imprisonment Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..

Imprisonment in State Statute Topics

Introduction to Imprisonment (State statute topic)

The purpose of Imprisonment is to provide a broad appreciation of the Imprisonment legal topic. Select from the list of U.S. legal topics for information (other than Imprisonment).

Imprisonment

In Legislation

Imprisonment in the U.S. Code: Title 18, Part II, Chapter 227, Subchapter D

The current, permanent, in-force federal laws regulating imprisonment are c
ompiled in the United States Code under Title 18, Part II, Chapter 227, Subchapter D. It constitutes “prima facie” evidence of statutes relating to Criminal Procedure (including imprisonment) of the United States. The reader can further narrow his/her legal research of the general topic (in this case, Sentences of the US Code, including imprisonment) by chapter and subchapter.

Imprisonment

In Legislation

Imprisonment in the U.S. Code: Title 18, Part II, Chapter 229, Subchapter C

The current, permanent, in-force federal laws regulating imprisonment are compiled in the United States Code under Title 18, Part II, Chapter 229, Subchapter C. It constitutes “prima facie” evidence of statutes relating to Criminal Procedure (including imprisonment) of the United States. The reader can further narrow his/her legal research of the general topic (in this case, Sentences of the US Code, including imprisonment) by chapter and subchapter.

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Further Reading

• Information about Imprisonment in the Gale Encyclopedia of American Law.