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32

Not legally. Private prisons are operated under a government mandate (typically via a contract with the government). That said, depending on jurisdiction, there are plenty of scenarios where a prisoner is legally permitted to leave a prison. This can include work release programs, work details controlled by the prison, to visit sick or ill relatives, as ...


26

At the federal level, per 18 USC 751, escaping is a crime. In United States v. Allen, 432 F.2d 939 it was held that an arrest need not be lawful in order for an escape to be illegal; Laws v. US states that "This court has said that a sentence imposed for a violation of 18 U.S.C. § 751 is 'not affected by the validity of the sentences being served at the time ...


10

The purposes of criminal justice include (this list is based on the Sentencing Act 1991 in Victoria): Deterrence Rehabilitation of offenders Denunciation ('this behaviour is wrong') (Retribution can also be a purpose.) What the question is talking about is rehabilitation. As discussed in the book 'Starship Troopers', you can't expect a person to improve ...


9

Chapter 26 section 7 of the Swedish Penal Code points to a possible consequence of prison escape: If the sentenced person seriously violates the conditions for the serving of the sentence in a prison, the date for conditional release may be postponed. Such a postponement may amount to at most fifteen days on each ...


8

Prison v. Jail First of all, failure to appear (in the U.S.) would led to incarceration in jail (a local government facility allowing for detention typically up to one year for misdemeanors), rather than prison (which is typically a state or federal government institution incarcerating people for a year or more pursuant to a felony conviction). A jail is ...


7

In the US, only a few states allow conjugal visits by prisoners: California, Connecticut, New York and Washington. Details of implementation for Washington are here (it is called "Extended Family Visiting"). There are various limitations, for example you can't have committed homocide within the last 5 years, you can't be on death row, and so on. Although ...


6

In all but a few U.S. states the answer is that you are not entitled to any compensation. This is grossly unfair, but is the dominant rule by far in most jurisdictions in the U.S. As a matter of legal doctrine this is justified on the grounds that a criminal prosecution requires proof beyond a reasonable doubt, and many people who are actually guilty may be ...


6

It's naive to assume a college age hacker (or a hacker who bases his/her attacks from an academic institution) is treated differently than a "real" hacker, whatever a real hacker might be. The sentence any convicted hacker receives depends on many factors: the prosecutor, the evidence, veracity of witnesses, jurisdiction (academic or not), previous criminal ...


5

There's only one crime that could be applicable in this case, section 145 (1) of the Criminal Code: 145 (1) Every person who escapes from lawful custody or who is, before the expiration of a term of imprisonment to which they were sentenced, at large in or outside Canada without lawful excuse, is guilty of (a) an indictable offence and liable to ...


5

I called an ambulance for someone attempting suicide. The police detained him under the Mental health Act (NSW) (you go to hospital). He escaped on the way to hospital. He went to the lockup and was charged with escaping from lawful custody. If he had been taken to hospital a minimum 6 weeks of treatment. As it was now criminal he was held overnight and ...


3

It is a felony to escape from a jail; see California Penal Code section 4532. (Escapes from a prison are covered in section 4530). However, California law recognizes a necessity defense when a crime is committed in order to avoid "significant bodily harm". (See the link for other important elements of the defense.) This defense would probably only be ...


3

Bankruptcy does not obliterate legal financial obligations (taxes that you owe, fines, etc.). Fines either do or do not (any more) accrue interest, depending on jurisdiction. Fines for criminal conviction can accrue interest. By law, no fine can be unreasonable, but there is no simple determination of what is reasonable versus unreasonable. The matter ...


2

According to this list, there are at least nine people on death row in federal prisons for killing a fellow inmate. Since there are many more people in state prisons, I assume there are even more people on death row in state prisons. Unfortunately, the only lists I found that included state prisons were woefully incomplete (ie, the Wikipedia list of people ...


2

According to an article on SFGATE.com: There is no guarantee Reiser will ever be a free man again, Goodman pointed out. The state Board of Prison Terms must determine whether he is eligible for release. The earliest he can go before the board is 2021. Reiser confesses to strangling estranged wife, August 30, 2008 So, to answer the questions: In ...


2

The Department of Prisons has a search page allowing you to search by name of DOC number, and it will tell you which prison the person is in. You can get information on Washington state criminal history (for a price) from the State Patrol. You can also get notification if you are a victim to or witness of a crime, registering here. You can check the ...


2

The question of whether it would be a crime to escape in that situation boils down to the "necessity" or "choice of evils" justification which applies only in extreme circumstances but might apply here. As others have noted, that defense would apply only so long as it is actually necessary to escape to stay alive, after which someone would have to ...


1

Congress has the power to issue subpoenas, and it does not go through the courts. That power is extremely broad and courts generally resist attempts to interfere with Congress's constitutional power under the Speech or Debate Clause – "for any Speech or Debate in either House, they shall not be questioned in any other Place" – (which the courts interpret as ...


1

Also from Bell v. Wolfish, 441 U.S. 520, from holding (b): Absent a showing of an expressed intent to punish, if a particular condition or restriction is reasonably related to a legitimate nonpunitive governmental objective, it does not, without more, amount to "punishment," but, conversely, if a condition or restriction is arbitrary or ...


1

Ridiculously long prison sentences don't come about arbitrarily -- they come about because the defendant was convicted of a huge number of crimes, and each instance of the crime is punishable by time in prison. If you murder 10 people, and murder gets you at least 10 years, then you've earned 100 years. Frankly, there's no good reason to turn that into "...


1

Since the person is still contagious, would they still be incarcerated immediately? First of all, the law takes time to operate. While there is a constitutional right to a speedy trial, nobody is ever incarcerated as a judicial punishment or penalty "immediately". The police has a time-limited right to detain persons until they can be brought to court, and ...


1

Normally, if someone has escaped a judge or magistrate issues an arrest warrant. If he or she is exonerated, the warrant can be withdrawn(, this is not to say it should be nor that it will be). If it is withdrawn, case closed unless the warrant is activated for some reason. If it is not withdrawn, on arrest, there will be legal proceedings against that ...


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