How long can an offender stay in jail - Term Paper Example

On the other hand, an offender’s stay in jail and in prison is also identified through different codes and points of the law. Thereupon, it is vital to state that there might be different misconceptions as a result of a wrong treatment of the laws. The reasons why such things happen are different: biases, false testimonies, etc. The outcomes may include but not limited to life and death sentences or, at the best case, to the conclusion that an offender is freed, pardoned, or paroled. In this case Neubauer & Meinhold (2009) state the following idea: “One form of early release is parole, the conditional release of an inmate from prison” (p. 281). This is why the long stay of a detainee is not more than a year, as was mentioned before.

It is required that until this moment the verdict is announced by the jury and the final claim is noted by the judge. Once again, it is wrong to state that a judge files a motion. A lawyer is the one who is interested in such a procedure in order to protect his/her client from misjudgments. In fact, a prosecutor is also eligible to file a motion in order to delve better into the case or to prolong the investigation due to some weighty reasons. However, a prosecutor’s role is a bit different in filling a motion, as “a prosecutor may decide to dismiss the complaint by filing a motion of nolle prosequi” (Lippman, 2010, p. 5). .

All of the stages of the litigation are important to sum up all pros and cons to decide whether or not an offender should be moved to prison or set free as a result. One of the most outrageous examples is that of Scottsboro Nine in the 1930s. In this vein, the only situation when the judge is eligible to prolong the time period in jail is when an offender commits another crime just being in jail itself. These are rare cases which need additional careful examination and investigation. This is why all records should be accurately filed regarding a definite offender so as to omit misconception or mismatch of any kind: “It is through the maintenance of accurate records documenting all aspects of an inmate’s stay that institutions are able to reduce the likelihood of litigation and increase their chance for prevailing in court if litigation is filed” (Carlson & Garrett, 2008, p. 146). Thus, the documentation and keeping records safely and accurately arranged is paramount for making sure an offender will not stay in jail longer than possible according to the county, state or federal jurisprudence.

Besides, an offender may stay longer due to the gender discretion or in case when an offender was previously placed on probation. The first case simply states that female inmates are more likely to have longer sentences just because they are “less likely to work out a plea arrangement” (Siegel, 2008, p. 551). It makes the judicial system more attentive to the state of mental and physical state of women during pretrial through sentencing stages so as to make sure a female inmate can be placed in prison.

The second case is based on the precedent of an offender’s inclination to commit crime in the future. Thus, the term of the arrest