For example, if the prisoner went to the wrong place by mistake, he or she will probably not be found guilty of a criminal escape. It is ordinarily necessary to prove that an escaped prisoner was actually attempting to evade legal confinement. In other jurisdictions, the degree of criminal escape is dependent upon the nature of the crime that initially precipitated the prisoner's confinement. For example, the law might deal more harshly with an individual who escapes from armed prison guards while working on a chain gang than with an individual who runs away while an arresting officer interrogates witnesses. Frequently, the degree of the crime is increased when the escape is from a particular kind of confinement. Once an arrest has taken place, the prisoner cannot leave of his or her own volition. In order to prove that a criminal escape took place, it is ordinarily unnecessary to show that the accused party was actually confined within prison walls. This might occur, for example, if a store security guard has no grounds to arrest a shoplifter but does so anyway. If an arrest is totally unlawful, however, an individual cannot be guilty of escape. The theory is that in order for the process of justice to operate in an orderly manner, a prisoner must not be given the privilege of determining whether or not he or she should be confined. An individual can be found guilty of escape even in the event that his or her initial arrest was wrongful, since an unlawful arrest must properly be argued in court. Criminal punishment is generally reserved for guards who actively cooperate in facilitating a prisoner's escape.Īn escape takes place when the prisoner is able to remove himself or herself from the lawful control of an authorized custodian. Certain states currently punish negligent guards administratively, such as by divesting them of their rank or seniority, or by firing them. The custodian of the prisoner is not ordinarily a warden for the entire prison, but is generally the person who has immediate responsibility for guarding the prisoner. Ordinarily, the crime of escape is committed either by the prisoner or by the individual who has the responsibility for keeping the prisoner in custody. Federal statutes also make it a crime to escape from federal custody. The general common-law principles may be incorporated within a statute, or the law may depart from them in various ways. Such elements are governed by the specific language of each state statute. In order for an individual who has been accused of escape to be convicted, all elements of the crime must be proved. The criminal offense of fleeing legal custody without authority or consent.
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