Home > West's Encyclopedia of American Law > Jail

A building designated or regularly used for the confinement of individuals who are sentenced for minor crimes or who are unable to gain release on bail and are in custody awaiting trial.

Jail is usually the first place a person is taken after being arrested by police officers. Most cities have at least one jail, and persons are taken directly there after they are arrested; in less populated areas, arrestees may be taken first to a police station and later to the nearest jail. Many jails are also used for the short-term incarceration of persons convicted of minor crimes.

A person in jail usually has little choice in being there. Those awaiting trial (pretrial detainees) have been forcibly confined by law enforcement officers, and those serving a sentence (convicts) have been ordered there by the court. A sentence of confinement to jail is backed by the power of law enforcement personnel. Flight from prosecution or...