NCJ Number
35273
Journal
NEW ENGLAND JOURNAL ON CRIMINAL LAW Volume: 2 Issue: 2 Dated: (SPRING 1976) Pages: 205-259
Date Published
1976
Length
55 pages
Annotation
ANALYSIS OF THE RECENT TREND IN JUDICIAL DECISIONS UPHOLDING ESCAPES AS JUSTIFIABLES UNDER CERTAIN CONDITIONS FOCUSING ON THE DEFENSES OF DURESS AND NECESSITY.
Abstract
THE BASIC PROBLEM CONFRONTING PRISONERS IN THEIR EFFORTS TO ASSERT LEGAL DEFENSES TO ESCAPE CHARGES IS DISCUSSED AS IS THE GENERAL STATE OF THE LAW AS TO DURESS AND NECESSITY, AND THEIR APPLICABILITY TO PRISON SITUATIONS. AN ANALYSIS OF NINE SPECIFIC CASES DEALING WITH JUSTIFIABLE ESCAPE IS INCLUDED TO ILLUSTRATE THE DEVELOPMENT OF CASE LAW IN THIS AREA. THE PREVAILING STATUTORY LAW REGARDING DURESS AND NECESSITY IS EXAMINED CONCENTRATING PRIMARILY ON SECTIONS IN THE MODEL PENAL CODE REGARDING THE DEFENSES. (AUTHOR ABSTRACT MODIFIED)