Jail

Jail (pronounced jeyl)

(1) A prison (in some places used generally of institutions of incarceration, in others tending to be applied to structures used for the detention of those awaiting trial or convicted of minor offenses).

(2) To take into or hold in lawful custody; to imprison; to incarcerate.

(3) In horse racing, the condition created by the requirement that a horse claimed in a claiming race not be run at another track for some period of time (usually 30 days).

(4) In dodgeball (and related games), the area where players who have been struck by the ball are confined.

(5) In computing, as used by certain variants of Linux, an implementation of a sandbox in which can be run an instance of another OS (operating system).

1225–1275: From the Middle English gayole, gaylle, gaille, gayle, gaile, gaiole, jaiole & jaile, from the Old North French gaiole, gayolle & gaole and the Old French jaiole (cage), from the Medieval Latin gabiola, from the Vulgar Latin gaviola, a variant of the Late Latin caveola (small cage, cell), diminutive of the Classical Latin cavea (cavity, coop, cage).  Regionalism in language was one more common (especially in eras when population movement (particularly in rural areas)) was more limited and the two spellings in the Old French variants reflect the independent linguistic evolutions, the spelling “gaole” indicative of a pronunciation in use until the seventeenth century.  It fully displaced the native Middle English quartern (prison, jail, cell), from the Old English cweartern (jail, prison) and partially displaced the native Middle English lok, from the Old English loc (enclosure, pen; jail, prison) (from which English gained “lock”) and the Middle English carcern, from the Old English carcern, from the Latin carcer (prison, jail).  In the Old English, there were many words meaning jail (regionalism also a factor here) including heaþor & heolstorloca (the latter meaning also “jail cell”), clūstorloc, dung (the latter meaning also also “dungeon”), hlinræced, nirwþ, nīedcleofa, hearmloca and nearu.  Jail & jailing are nouns & verbs; enjail, rejail, jailor (or jailer) & jailoress (or jaileress) are nouns, jailed & enjailed are verbs, jailless, jailish, jailable, nonjailable & jaillike are adjectives; the noun plural is jails.

In English, there are seeming anomalies which must baffle those learning the tongue and make them wonder how such a messy and sometimes inconsistent language became something of the world’s lingua franca.  Were it possible to have a committee edit the lexicon and eliminate the pointlessly troublesome, not only might something be done about homophones like “razed” (demolished) and “raised” (built) but the “gaol” (still used in parts of the English-speaking world to mean “jail”) would be retired and “jail” would become universal.  Jail as a noun dates from the thirteenth century and the persistence of “gaol” as the preferred form in the UK is attributed to the continued use in statutes and other official documents although there may also have been some reluctance to adopt “jail” because this had come to be regarded as an Americanism.

Some idiomatic and slang uses

Things to find on the web.

A “jailbreak” literally is “an escape from jail” but it was adopted in the ecosystem created by the computer industry to refer to modification to the hardware or firmware of an electronic device (mobile phones, tablets, gaming consoles etc) to allow the installation and use of software not officially supported or explicitly excluded by the manufacturer.  With the coming of AI (artificial intelligence) LLMs (large language models), jailbreak also became the term for a prompt which in some way bypasses any ethical restrictions imposed by the vendor.  In ice hockey, the jailbreak is a rule applied in some leagues under which a penalty is ended if the short-handed team scores; the goal scored in such circumstances is a jailbreak.  Any prisoner who emerges from jail (whether by a jailbreak or by more regular means) is said to be a “jailbird” and there are more than a dozen formal & informal terms for “jail” including slammer, hoosegow, jailhouse, big house, Uncle Sam’s hotel etc.

The Royal Navy's Battle Cruisers opening fire in the opening stages of the Battle of Jutland, 31 May 1916, (1919), oil on canvas by Lionel Wyllie (1851–1931).

Fought in 1916 between the UK’s Royal Navy and the Navy of the German Empire (the so-called “Second Reich”), the battle of Jutland in 1916 was the closest the world got to the clash on the high seas of fleets of dreadnoughts, an event the navalists and theorists had for a generation be expecting or hankering.  For a variety of reasons it proved anti-climatic (though it cost over 8,000 lives) but while a tactical victory for the Germans (in terms of ships sunk or damaged and lives list), strategically the British succeeded in confining for the rest of World War I (1914-1918) their opponents to a pocket of the Baltic, denying them access to the North Sea and thus the Atlantic; this enabled the Royal Navy’s blockade of Germany to be maintained.  Summing up, the New York Times concluded: “The prisoner gave his jailor a bloody nose but at the end of the day was back behind bars in his jail cell.”  Barely noticed except in the halls of the admiralties (where it made a great impression) was the vulnerability of the battlecruiser, a class of ship of which much had been expected although at Jutland they were used in a way the theorists who suggested the configuration had neither intended nor recommended.

The concept of a “black jail” is ancient; it’s a jail where people can, for whatever reason, be imprisoned by some agency of state, often in secret and with no recourse to legal remedies or other procedures.  It can be thought of as a particular example of “being disappeared” and the use of such institutions was the origin of the judicial writ of habeas corpus (from the Latin habeas corpus ad subjiciendum (“You (shall) have the body to be subjected to (examination)”) which in the common law tradition can be translated as “bring them before the court so the lawfulness of their detention may be assessed”.  First seen in England in the twelfth century, the writ to this day remains (in Western nations) one of the core protections afforded to citizens.  In 2002, shortly after it invaded the place as an administrative convenience, the US established such a jail in Afghanistan and apparently it was controlled by the Department of Defence’s (now again the Department of War) intelligence office and staff from Army Special Operations although other agencies were known to have provided “specialized services”.  Existing always on a “neither confirm nor deny” basis, the US Black Jail was an example of the way things get done when it’s required to process irregular combatants in extreme conditions.

It illustrated too the use of language: Among nations party to the relevant conventions, whereas prisoners of war (ie those combatants who meet the definition) are held in “PoW (prisoner of war) Camps” and never lose their military status; others can end up in “jails”.  Of course, it can’t be certain organs of the state in some Western countries aren’t still in secret maintaining “black jails”, possibly without the knowledge of elected governments.  The system of concentration camps created during the Third Reich (1933-1945) began as a way for the state to regularize what had unexpectedly “sprung-up” as a number of “black jails” created informally by party members to imprison their many opponents and enemies.  It was a classic example of the essentially criminal, gangster nature of the Nazi state and while the authorities didn’t object to most of those in the black jails being incarcerated, they wanted it done on an organized, professional basis.  Structurally, the operation of the concentration camps was also a microcosm of the whole Nazi project: Those who could send victims to the camps or have them released had no say of what happened within the camps while those running the places could order neither an individual’s jailing nor their release.

Jail juice comes pre-packaged.

In 2011, the Salt Lake Tribune reported a case of botulism in jail juice fermented in a cell in the Utah State Prison, the source traced to a “bad” potato.  The prisoner responsible for the brew (containing powdered juice mix and several types of fresh and canned fruit) told medical staff he added the “two-week old baked potato” because he thought it would “accelerate fermentation”.

Jail juice is prison slang (originally a US form but now widely used, even beyond the English-speaking world) for the various forms of improvised alcoholic beverages (typically fermented) brewed in correctional facilities.  There are other slang forms of the concoctions including “prison hooch”, “swish”, “prison wine”, “toilet wine” & “loaf brew” (some forms of white bread said to be a good additive in the process once crumbed) but most descriptive was “pruno”.  Dating from the late 1930s, the name was derived from the use of prunes, then in ample supply in many US prison kitchens.  The term pruno became generic, later applied regardless of the fruit used in the fermentation.  A “phone jail” is a place (usually in schools) in which the mobile phones of students are locked away for certain durations (which can be short or the whole school day).  “Jailbait” describes someone (almost always female) who is (1) obviously sexually mature yet (2) was (or appeared to be) under the legal age of consent and was (3) considered attractive or seductive.  The term references the legal concept of statutory rape under which an adult engaging in consensual sexual relations with someone under whatever is the relevant age in that jurisdiction can convicted and jailed.

Lindsay Lohan “Mug Shots” coffee mugs.

In November, 2011, in a hearing held at Los Angeles Superior Court Airport branch, Lindsay Lohan was sentenced to 30 days in jail at Lynwood's Century Regional Detention Facility.  The penalty was imposed after she admitted violating the terms of her probation from a 2007 DUI (driving under the influence) case; she had failed to attend community service appointments at a Los Angeles women's shelter.  However, just 4½ hours into the 30-day sentence, she was handed a “get out of jail free card”, released because of chronic over-crowding in California's jail system.  Sometimes, you get lucky.

At least one “Get out of jail free” card has been included in every version of the Monopoly board game since first it was released in 1935 although most editions have featured two, one from the “Chance” stack, the other from “Community Chest”.  What possession of the card confers is the ability (as the name implies) for a player to move on from the jail square without having to throw three doubles (of the dice) in a role or pay a fine although, in certain circumstances, it can be adventitious for a player not to use the card and “remain in jail”, something which sometimes happens IRL (in real life).  From the board game comes the idiomatic use of “a get-out-of-jail-free card” to refer to “a certain privilege or advantage providing relief from an undesirable situation or immunity from punishment or consequences”.  Historically, states have sometimes offered similar devices although they’ve never been available for those accused of serious offences.

Macy’s department store, Herald Square, Manhattan, New York City.

In George Orwell’s (1903-1950) novel Nineteen Eighty-Four (1949), the Ministry of Love was responsible for the dispensation of fear and suffering and its most dreaded institution was Room 101, located in the basement of their headquarters.  Room 101 was a torture chamber in which the ruling party subjected prisoners to their individual worst nightmares and greatest fears, the purpose being finally to destroy any residual resistance.  Less threatening though equally specific is Room 140 at Macy’s department store Herald Square flagship store in Manhattan, New York City.  One of a few private “jails” in New York, those accused of shoplifting are escorted by security guards to Room 140’s cells where they can be held for hours, the stories told suggesting the detained are asked to sign an admission of guilt and pay sometimes hundreds of dollars in “fines”, sometimes without any conclusive proof of an offence.  That may sound medieval but a majority of US states do have on the books legislation which offer retailers often a wide latitude forcefully to hold and subsequently fine suspects, even if, technically, nothing has been stolen or criminal charges have been dropped.  The US industry’s problem is real because as much as US$15 billion is each year lost to shoplifting and the purpose of the laws is both a tacit admission the state would prefer not to be involved in “low dollar value” matters and a way to enable stores to recoup some losses.  Under New York's long-standing law, retailers may collect a penalty of five times the cost of the stolen merchandise (up to US$500 per item), plus as much as US$1,500 if the “recovered” merchandise isn't in a condition to be sold.  A conviction is not a pre-condition to bring a civil claim.

In operation, application has been controversial with claims retailers abuse the law by engaging in “racial profiling”, targeting minorities and holding customers for hours as a form of duress; Macy’s has in the past paid a settlement to the state to settle a number of claims.  Macy’s maintain their corporate policies prohibit coercion when recovering fines, recently issuing a statement: “Our policy of exercising our right to pursue a civil recovery payment is consistent with common practice in the retail industry and within the parameters of the law.”  Many retailers detain suspected shoplifters although few have their own jail cells and Macy’s is unusual in requesting the on-the-spot payment of fines.