Only 2 [censored] games had you explicitly in prison, Oblivion and Arena. Oblivion had the problem of having to force the person to think of silly ways how the got in prison. The matter of the fact is, you are some felon from the get-go, and a lot of us do not want to somehow be a felon from the get-go, even if we were innocent or guilty. Arena skirted that, sorta, in that you were one of the few who knew Jagar Tharn wasn't the emperor, and had you imprisoned for that very reason. Both were epics, in that the game was supposed to be epics, but Oblivion has numbed people into blindly believing a prison intro is the ONLY way to start a game, which is complete and utter bull.
Daggerfall, the second game, started with you in a cave before your ship got wrecked and you swam to the nearest piece of land to save yourself from drowning. From there you got out, after testing how viable your character is in Tutorial Cave, was eventually given a letter to start the Main Quest, and from there you did what you wanted. The only thing a player had to do was make up a backstory of how they got on the ship.
Morrowind just had you on a prison ship, that I personally found to be lacking in the whole "this is a prison ship" feel, which was very acceptable. You got off the boat, got put down on the census, and was told to meet some guy, and the game kicked your butt out of the door, saying "okay, have fun. Oh, and good luck not dying." It was quick, short, and much much much easier to create a background of how you got there, instead of the infamous "I WAS FRAMED!!!!"
What people need to realize is that TES is a very big roleplaying game, and probably the most opened game out on the mainstream market. To keep this openness, the intro also needs to be open ended. As I look through a bunch of the posts, people just want an epic intro, which causes the biggest problem of creating too much backstory for the character, that people end up having to either say "I was caught doing a crime" or "I was wrongly imprisoned." As I mentioned before as an example, a shipwreck intro accomplishes the following things:
- It leaves the character's backstory more open for what the player wants it to be. The only thing the player needs to do is say why they're going to Country X
- It has justification on why you don't have more stuff with you (your stuff was on that ship, and now it's lost)
- A player can be thrown into Tutorial Cave (or Tutorial Dream as some suggested) or skip the tutorial if they wish
With prison intros, the player runs into the issue of:
- You are immediately a felon, given only the options of "I was caught committing a crime" or "I was wrongly imprisoned." Either way, it doesn't matter, because you are still a felon from the get-go.
- You have to make up excuses why the guards don't haul your ass back to jail once you do escape, or why the general population still treats you like any other citizen and not some felon.
- The chance of the intro being too linear and epic, again causes very little wiggle room with backstory.