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Prison is “an institution (such as one under state jurisdiction) for confinement of persons convicted of serious crimes” and jail is “such a place under the jurisdiction of a local government (such as a county) for the confinement of persons awaiting trial or those convicted of minor crimes.” If you are serving a sentence for a misdemeanor (such as stealing something of small value), or if you are waiting trial, it will likely be in a jail. Those in favor of semantic exactness with these words will be glad to know that we do include specific uses for each word. While key differences exist between jails and prisons - jails typically house people awaiting trial and those serving short sentences, while prisons confine convicts long term - the Justice Department’s study remains illustrative of life behind bars…. Sue Morrow, Reno Gazette-Journal (Reno, NV), It's amazing how many lawyers can't seem to differentiate between the two - jail terms are for offenses that call for a year or less behind bars, and prison is for crimes that mandate a year or more of incarceration. Ronald Burns, Journal of Criminal Justice Education, Spring 2002 In fact, many in society (including the media and popular culture) incorrectly use the terms 'jail' and “prison' interchangeably. We define prison as “a place of confinement especially for lawbreakers”, and jail as “a place of confinement for persons held in lawful custody.” Many people feel that there are specific uses for each of these words, and that they should never be used interchangeably. Wood County Reporter (Wisconsin Rapids, WI), 21 Mar. He was sentenced to twenty years in prison, but was released after serving fourteen years.

Columbus Dispatch (Columbus, OH), 30 Dec. He was sentenced to twenty years in jail, but was released before his time expired for good behavior.

Each word has a general use and a specific one, and it is not always easy to tell which one is being used. Prison and jail are both excellent examples of this. While it may be quite simple to tell which sense of penitentiary is being used (made all the easier by the fact that the religious one is now very rare), other words have shades of meaning that are not always obviously discernible through context. Pleading guilty, Earl and Lester Swan were sentence to one year and one day in the state penitentiary for stealing a 1941 Chevrolet valued at $100, from Comer Hammett. Gilbert Burnet, A sermon preached before the Aldermen of the city of London, 1681 A fine example of this is the word penitentiary, which may mean (among other things) either “a public institution in which offenders against the law are confined for detention or punishment” or “an officer in some Roman Catholic dioceses vested with power from the bishop to deal with cases of a nature normally handled only by the bishop.” See if you can tell which one is meant in the two examples below.Īnd to shew how well they approved of the Gunpowder Treason at Rome, Gerard, and Greenwoll or Tesmond, two of the principal Conspirators, were so well entertained there, that escaping thither from the Justice of this Nation, the one was made the Popes Penitentiary, and the other lived in the English Colledge there, and officiated often in St. Peters in the Vatican.

There are many words in English with multiple meanings with many of these the intended meaning of a word with multiple senses can easily be inferred by the context in which it is used. If you want to be specific jail can be used to describe a place for those awaiting trial or held for minor crimes, whereas prison describes a place for convicted criminals of serious crimes. Jail and prison are often used interchangeably as places of confinement.