Why Can’t I Go to Jail Without a Crime: The Reality of Pre-Arrest Detention

While the idea of spending time in jail may seem straightforward, the reality is much more nuanced. You can only enter a jail under specific circumstances, and not just because of a crime. Jails and prisons have specific entry criteria that make it a very exclusive club. Let's delve deeper into why you can’t simply go to jail without committing a crime.

1. The Nature of Jail vs Prison

Jails are for short-term detentions, usually less than 90 days. They are the first point of contact for arrestees, who are held until they can be arraigned before a judge or until they can post bail. Prisons, on the other hand, are for longer stays and house convicted felons sentenced to a term of years. Only those who have been convicted of a felony can enter state or federal prisons, and even then, a judge's order is often required.

2. Parole Violations and Immediate Jail

Parolees are subject to strict conditions. If you fail to sign in at the local police station monthly, you can be arrested for breach of a parole condition. This is a serious matter and can lead to immediate jail. The police would contact the parole officer, who would then handle the situation. Similar rules apply to any breach of parole conditions. Other immediate jail scenarios include failing a breathalyzer test after a motor vehicle accident, which would result in an appearance before a Judge of the Peace for a bail hearing.

3. Shoplifting and Bail Hearsings

The concept of going to jail without committing a crime can seem paradoxical when you consider minor offenses. However, even shoplifting can lead to a trip to jail. If you're accused of theft and have no money for bail, you may have to spend time in jail until a bail hearing can take place. The police may detain you to ensure that the bail can be set and that you can eventually be released while you await trial.

Hotel Prisons and Common Misconceptions

It’s important to clarify a popular misconception about hotel prisons. While some historical prisons have been turned into hotels or guesthouses, they are not a place for arbitrary detentions. For example, the former Shrewsbury prison in England is now a hotel. However, this is not a general solution for temporary detentions. In the U.S., the answer is generally that you must have a charge or be awaiting trial to be held in a jail.

Kalief Browder and Institutional Justice

The case of Kalief Browder provides a stark example of the harsh realities of pre-arrest detention. Browder, a young Black man from New York, was accused of stealing a backpack. Eyewitness accounts later revealed that the accusation was false. Despite this, Browder was sent to Rikers Island Prison. He spent several years there, often without trial and without the chance to prove his innocence. His treatment at Rikers ultimately led to his suicide shortly after his release.

This case highlights the systemic issues within the justice system, where minors and individuals of color are disproportionately affected. It serves as a reminder of the need for reform in how we handle pre-arrest detention and the rights of the accused.

Conclusion

While you can't simply go to jail without committing a crime, the line between legal detention and arbitrary confinement is often blurry. Understanding the distinctions between jail and prison, the implications of parole violations, and the historical and systemic issues within the justice system is crucial. Cases like Kalief Browder's remind us of the necessity for a fairer and more equitable legal system.