Catholic University Law Review Volume 45 Issue 2 Winter 1996 Article 3 1996 Getting out of Jail Free: Sentence Credit for Periods of Mistaken Liberty Gabriel J. Chin Follow this and additional works at: https://scholarship.law.edu/lawreview Recommended Citation Gabriel J. Chin, Getting out of Jail Free: Sentence Credit for Periods of Mistaken Liberty, 45 Cath. U. L. Rev. 403 (1996). Available at: https://scholarship.law.edu/lawreview/vol45/iss2/3 This Article is brought to you for free and open access by CUA Law Scholarship Repository. It has been accepted for inclusion in Catholic University Law Review by an authorized editor of CUA Law Scholarship Repository. For more information, please contact
[email protected]. GETTING OUT OF JAIL FREE: SENTENCE CREDIT FOR PERIODS OF MISTAKEN LIBERTY Gabriel J. Chin* "The criminal is to go free because the constable has blundered."' When an individual is convicted of a crime and sentenced to a term of imprisonment, it generally is assumed that the convicted person is taken into custody after sentencing as ordered by the court. Surprisingly, how- ever, ministerial officers of the criminal justice system sometimes improp- erly release convicted criminals from custody or fail to take them into custody after sentencing. If the error never comes to the attention of the government, no legal issue is raised, and the convicted person may simply remain at liberty. Sometimes, however, the erroneously released pris- oner raises the issue with the government, or the government discovers the error on its own. In such cases, the law must determine whether a convict should receive credit for the time erroneously at liberty.