Given the average number of atrocities a player commits throughout the course of a game like this (guard slaying, peasant slaying, grand theft, B and E, etc. etc. etc) I feel that starting off in prison is only fitting.
Subjective. I did not do most of the stuff ya mention because I follow the rule and have some basic morals to live with.
Plain and simple, while starting off in jail isn't terribly original, the devs chose it because its less cliche than, say, having amnesia or, I WAS living a vanilla life but then something changed all that, or I was a noble person and lost everything, or i was a street urchin, or whatever. All those ideas 1) have been beaten to death, then followed into the afterlife and beaten into non-existance, only to somehow return and be beaten some more
It have nothing to do with cliche but more of where to start. Amnesia? Right. I see this more that the Player can create their own story without being told about their past by the Dev. This is basically the Series' Intro due to the HIGH customization the game offer with race and stats.
2) the prison idea allows ANY of those ideas to be true, in spite of how broad they already are, and yet it tells you nothing about yourself. The idea is to not limit who you were, and ANYone can end up in jail. Yes, a messenger is pretty open to interpretation, but no one noble is going to be a messenger, so that limits your social status to poor or middle class at best. Vanilla life farmer does the same. Using amnesia is almost a sin in RPGs at this point. Street urchin just makes people think of Aladdin, and again, forces your social class.
Not really. Being place in a prison cell automatically mean ya a convect, "frame" or not. That not broading things of how one can create the toon's background without making some stupid excuse why one is in the prison in the first place. "ANYone" can end up in jail but it does not have to start out that way nor the fact there are many way to avoid being in prison to begin with.
Anyways, thats how jail got picked in the first place. Now its just tradition. And I think games should have traditions. Even if they don't make sense. Hell, illogicality is part of what makes tradition tradition!
It is not really "official" that the Prison Cell is the intro or not. Like Blackgult mention, its can very well be that the "prisoner" is vague to a point that it can be anything. There is no tradition, just a follow up the assumption that Oblivion did it.
But seriously, think of 1 other circumstance to start from that doesn't, in some way, limit an aspect of your backstory? Go ahead.
I can think of 4 right now. Getting off the traveling boat. Waking up in an inn. Traveling with a Caravan. Camping out in the wilderness. This all fit to any backstory to anyone without placing shame of once being a "prisoner" of a Jail Cell.