Neither has been charged (much less convicted by evidence showing guilt beyond a reasonable doubt) with any crime, and most crimes don't require incarceration on conviction (and even when they do, there are pardon/clemency provisions in the law specifically because of a societal decision that even guilt of a crime that, on the books, requires a certain punishment does not always meet the needs of society), though most crimes include incarceration as a potential punishment. So, it is neither is it well established that either committed any crime, nor is it the case that "X committed a crime" (without additional information about the particular crime and circumstances) is sufficient to establish "X should be in jail".