Escape is a term often heard in movies and TV shows featuring dramatic prison breaks. But in the legal world, it has a specific meaning. It refers to the act of a person breaking free from custody after they have been legally detained by authorities. It’s not just about prisoners; even those under arrest who slip away from the police can be charged with escape.
Definition and Overview
In criminal law, escape is defined as the unauthorized departure of a person from custody or detention. It’s important to note that custody doesn’t only mean being behind bars. For instance, if someone is arrested and handcuffs are placed on them, they are considered in custody. Even if that person is not in a prison cell but being transported or waiting at a police station, making a run for it would still count as an escape. The law typically categorizes escape based on the type of custody and the manner of escape, such as violent or nonviolent.
🔍 Reflect: How does understanding the broad definition of custody change your perception of what constitutes an escape?
Historical Development
Historically, this crime has been recognized for as long as there have been systems of detention. In ancient times, it was dealt with harshly, often with the penalty of death or severe physical punishment. Over time, societies recognized that not all escapes are violent or involve dangerous criminals. This understanding has led to a more nuanced legal approach, differentiating between various circumstances under which it might occur.
Modern Statutory Interpretations
Today, statutory law provides a framework for understanding escape. The Model Penal Code (MPC), which serves as a guideline for state legislatures, defines escape as “unlawfully removing oneself from official detention” (MPC § 242.6). Under modern laws, penalties for escape vary widely. They can range from misdemeanors for nonviolent escapes from temporary detention to felonies for escaping from prison, especially if violence is used or if the person was originally incarcerated for a violent crime.
Summary of Elements
The crime of escape includes several key elements that must be present for a charge to be valid:
- The person was in official detention or custody.
- The departure from custody was without permission or lawful excuse.
- The act of leaving was intentional.
Understanding each of these elements is crucial for grasping the nuances of the crime. For example, a person who is inadvertently let go by the police cannot be said to have escaped because the departure wasn’t intentional.
Modification History File Created: 08/06/2018 Last Modified: 11/07/2023
This work is licensed under an Open Educational Resource-Quality Master Source (OER-QMS) License.
