A prison is established not for the sake of punishment, but of detention and guarding.

Explanation

(English-origin maxim.) The purpose of imprisonment before trial is detention, not punishment — a jail is a place of custody to ensure the accused appears for trial, not a penal institution.

Where this applies

• A pretrial detainee who has not been convicted argues that being held in solitary confinement amounts to punishment, which violates the purpose of pretrial detention.
• A bail reform advocate points out that jailing someone before trial is only for ensuring they show up to court, not for punishing them in advance.
• A judge orders that an accused person be held in humane conditions pending trial, reminding the jailer that the facility exists for custody, not for penalty.