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Legal Definitions - incarceration

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Definition of incarceration

Incarceration is the act of detaining a person in a correctional or psychiatric facility. It is often used in reference to criminal sentences imposed by a court of law. The United States Code (U.S.C.) and individual state criminal codes define the parameters of incarceration, such as the maximum and minimum sentences that can be imposed for particular crimes.

People can be incarcerated for various reasons, including committing crimes or violating the terms of their probation or parole. Incarceration is often a difficult experience that can have significant impacts on a person's mental and physical health, as well as their ability to earn a living, maintain relationships, and participate in society.

The Eighth Amendment prohibits cruel and unusual punishment, which has been interpreted by courts to require that incarceration conditions meet certain basic standards, such as providing adequate medical care, nutrition, and access to exercise and religious practices.

  • A person who is convicted of robbery may be sentenced to incarceration in a state prison for a period of five years.
  • A person who violates the terms of their probation by failing a drug test may be incarcerated in a county jail for a short period of time.

These examples illustrate how incarceration is used as a punishment for committing a crime or violating the terms of probation. The length of the incarceration can vary depending on the severity of the crime or violation. Incarceration can have a significant impact on a person's life, including their ability to work, maintain relationships, and participate in society.

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Simple Definition

Definition: Incarceration means putting someone in jail or prison as a punishment for breaking the law. This can happen if someone is found guilty of a crime or if they break the rules of their probation or parole. Being in jail or prison can be very hard and can affect a person's health, relationships, and ability to live a normal life. The law says that people who are in jail or prison must be treated fairly and given basic things like food, medical care, and exercise.

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The end of law is not to abolish or restrain, but to preserve and enlarge freedom.

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