panik | Help plz, Americans!

Especially if you have some knowledge of the law/police and/or prison procedure.

1. Can anyone tell me something about how a prisoner, arrested and charged with murder and so refused bail, would be dealt with until his case comes to court?

Where would he be held? - in the UK, such a person would be held in 'on remand' - meaning they'd be in prison with the regular inmates but with some special rights. Is this the same in the US?

If so, how long would they be likely to have to wait for trial, and under what conditions?

2. How would a person go about demanding/requesting a psych evaluation for a person charged (but not yet convicted) of a serious crime in order to have them transferred to a psychiatric unit, rather than prison?

3. Under what circumstances could a prisoner be placed in solitary confinement for their own protection? Who would need to request this and who would have the power to carry out such a procedure?.

Why yes, I am writing fic. How did you guess?

Oh, lawks a lawdy! An ambulance has just drawn up at my elderly neighbours' house!

Flat | Top-Level Comments Only

They would be in jail, which is run by local governmnet and is for either people who have not been convicted or those who are guilty of misdemeanors or first-timers, so less serious offenders. As a result, jails tend to be more geared towards release than prisons are. 10s of thousands of people could go through a jail in a year because some are there for hours and some for months. While there are accounts of abuse and neglect, there are also generally some activities and substance abuse programs that some jails use to keep prisoners busy.

Okay, time for trial is a big issue and depends on the state. You have the right to a speedy trial but only defendants who have a lot of confidence that they are nnocent and their evidence is conclusive will actually take that. Or ones who just want to get it over with but then why not just cop to a guilty plea. And once that right is waived, depends on state statute. But most of those statute have exceptions for serious crimes like murder- need more time to be sure.

I think both sides can request a psychiatric exam and the judge rules- the judge can also order one. BUT, if the defendant or his lawyers don't want it, there may be a rule that he doesn't have to violate his fifth amendment rights and answer any questions that may incriminate himself.

For their own protection- generally have to show some evidence of threat. I think the prisoner's lawyers would request it and I think the DA could authorize it- maybe even a sheriff. It's considered torture by human rights groups because it can be up to 23 hours a day with no contact. I know if you get solitary because you ARE a threat, you don't get any entertainment either, but the rules might be different if its voluntary

That last para is about solitary confinement- should have been clear.

So (asking again because you seem to know your stuff), what's the difference between jail and prison?

Jails are usually run by a local municipality, such as a county or city.

indusnm laid out what types of prisoners they're used for pretty well.

Prisons, on the other hand, are generally run by the state's or federal government. They are for those who have been convicted of crimes and will be serving significant sentences. There are varying levels of security (e.g. Minimum, Maximum).

The vast majority of crimes are tried under State laws, hence the differences in procedure mentioned above. Federal crimes tend to be those types of things that interfere with trade or commerce, that are perpetrated across state lines, or that occur on Federal lands or territories.

So - what would be the difference in terms of conditions, security, etc? - sorry to keep asking q's only we don;t have the same distinctions. In the UK, 'jail' - or 'gaol' to spell it the UK way, is just the lock-up at the police station. Whether convicted or remanded for trial, the prisoner would then be held in a prison, which is the big, state run institution. I'm really looking for what a US jail is like as a place to be living in, in contrast to a prison.

To be honest, I've never been in or to one (with the exception of a tour of Alcatraz Island). I also have very little experience with the judicial system outside of watching 'crime procedure' shows on TV. I mean, I know generally what the functions of each are, but how they operate and what the differences in how they operate are is knowledge I just haven't needed. The best I can do is ask around on this end. Otherwise, the only thing I can think of is that you might check the website for the state your story would be set in or maybe the Bureau of Prisons website?

Depends on the size of county. Cook County Jail in Chicago is huge. My county jail, before ti was shut down had about four cells in it. These days, prisoners in my county are housed at a neighboring county's jail system.

A forensic psychological exam is done by a psychologist appointed by the court to determine if somebody understands what it means to go to court. If they don't, they are sent to State Mental hospitals without a trial, until their condition is considered improved enough to understand the legal procedures. If they don't improve, they might never actually go to trial but stay at the State Mental Hospital in a lock down unit, usually.

Laurie

Definitely echo the check the state someone mentioned, and then the country. If you're a small town, probably it will be the same as your example. But the US incarcerates more people than hell, so now they're making prisons.
As for security, hmm- never been to one, but I'm guessing that also depends on the crime? You can probably have a lawyer visiting your cell, and you would likely be able to sit at a table across from a visitor. You would, with permission, get to touch them most likely.
Jails aren't fun, so while abuse would depend on the condition of the jail and the character of your warden, I think jails you spend most of your time in your cell and it's the typical bars type scenario. You would likely hve people locked up for drunk and disorderlies so some people literally just there to sleep off their drunk...
As a place to live in, I would throw out the permanent parts of the movie you've seen- people doing chores, laundry, cooking, etc. Instead, I would see people there waiting for something, to be moved, etc. They may be two or more to a cell, there are bunks, etc. I don't know if the toilet is always inside the cell in a jail... My guess is yes. Only because it would be hell to always take you to one.

Help plz, Americans!

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