The Penitentiary was inspired by the 1950 Macaran Act, which gives the U.S. president the right to block the existing legal system and set up tribunals to deal with "people who pose a security threat." The film follows groups of activists who are invited to a "discussion" in a tribunal about state policy and their actions before the war. After the "conversation", the defendants can choose between imprisonment (at least seven years) or 72 hours in the Penitentiary. There, the convicts have to travel 85 kilometers to the "rescue" - the American flag - in three days, almost without water, baking in the 43-degree heat and chasing police troops (who can shoot if necessary).