Reference no: EM131905776

Question: Many prisoners in the state and federal correctional systems are held at minimum-security "farms." Only inmates considered not to be dangerous are housed at these facilities because of the minimal security. In fact, in many cases it is possible for inmates to simply walk off. Of course, most do not leave the premises, because to do so results in an increased sentence (either due to a conviction for escape or a decrease in "good time") and a likelihood that the sentence will be spent in prison rather than the more desirable farm. Despite this practice, prisoners of these facilities do escape. Problems 1 through 6 present several different sets of facts involving a fictitious inmate, Spike Vincelli. Read each problem and discuss the defenses, if any, that Spike may have against a charge of escape. Discuss each in light of the following two statutes

Statute I: It shall be unlawful for any person committed to any correctional facility to escape from that facility. Escape is defined as passing beyond the borders of a facility with an intent to never return or being lawfully beyond the borders of the facility and not returning when required to do so with an intent to never return. Violation of this statute constitutes a felony.

Statute II: It shall be unlawful for any person committed to any correctional facility to leave the premises of the facility. Leaving is defined as passing over the boundary lines of the facility. Violation of this statute constitutes a misdemeanor.

On June 21, Spike Vincelli received a telephone call from a hospital informing him that his mother had been involved in a serious accident. That evening Spike left to see his mother, intending to return in the morning