A prison sentence is an act of incarceration by the state for an offence committed by an individual. The duration of the sentence depends on the type of crime committed and the offender’s criminal history. Prison sentences vary across countries and jurisdictions, based on laws passed by a specific legislature or constitution. They are usually issued by judges and courts, and sometimes by a supreme court or constitutional court.
Many people use the terms jail and prison interchangeably. This is largely because of popular crime shows like Law and Order and NCIS. However, the two are different places and serve different purposes. Generally, less serious crimes lead to jail while more severe ones result in a prison sentence.
Felony crimes usually lead to prison sentences. Other factors such as a defendant’s criminal history, the severity of the crime and other aggravating circumstances also play a role in sentencing.
Prisoners can be released on home detention curfew if they have completed more than three months of their custodial term or have been convicted of certain offences including violent and sexual offences. They must wear an electronic tag and adhere to a strict curfew, unless recalled to prison.
A judge can also issue an indeterminate prison sentence where they can specify a minimum and maximum length of time to be spent in prison, such as five years. They can then be earmarked for parole at the two thirds point of their sentence or at any time after that. Prisoners who do not obey the conditions of their parole are recalled to prison and may be subjected to additional custodial sentences.