IN 1976, THREE MEN ESCAPED FROM THE DISTRICT OF COLUMBIA DETENTION FACILITY. UPON RECAPTURE, THEY WERE INDICTED AND BROUGHT TO TRIAL FOR VIOLATION OF THE FEDERAL ESCAPE STATUTE. THE DEFENDANTS SOUGHT TO ESTABLISH A NECESSITY DEFENSE BASED ON THE CONDITIONS WITHIN THE CORRECTIONAL FACILITY. EVIDENCE WAS OFFERED OF FIRES AT THE PRISON AND BEATINGS BY PRISON GUARDS, ALTHOUGH NONE OF THESE OFFENSES HAD OCCURRED RECENTLY. ALTHOUGH THE COURT AGREED WITH THE DEFENDANTS THAT THE EVIDENCE ESTABLISHED THE IMMINENT DANGER ELEMENT OF THE DEFENSE, IT DETERMINED THAT THE DEFENDANTS' FAILURE TO CONTACT AUTHORITIES AFTER THE ESCAPE CONSTITUTED A FAILURE TO MEET THE 'RETURN' CONDITION OF THE NECESSITY DEFENSE. CONSEQUENTLY, THE JURY WAS NOT INSTRUCTED ON THE NECESSITY DEFENSE. UPON APPEAL TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, THE CONVICTIONS WERE REVERSED, BASED ON THE MAJORITY RULING THAT THE DEFENSE SATISFIED THE 'IMMEDIATE DANGER' ELEMENT, AND THAT THE 'RETURN' ISSUE WAS NOT RELEVANT TO THE NECESSITY CIRCUMSTANCES PRECIPITATING THE ESCAPE. THE BAILEY DECISION IS AN UNWARRANTED AND UNDESIRABLE EXTENSION OF THE PRISON ESCAPE DEFENSE. ALTHOUGH COMPASSION REQUIRES THAT A PRISONER TEMPORARILY BE ALLOWED TO FLEE FROM CONFINEMENT TO AVOID DEATH, SERIOUS BODILY INJURY, OR HOMOSEXUAL ASSAULT, THE NECESSITY DEFENSE CANNOT BE EXTENDED TO CONDITIONS THAT ARE UNDESIRABLE BUT NOT LIFE-THREATENING IN ANY IMMEDIATE SENSE. FOOTNOTES ARE PROVIDED.