Escaping from Prison, then exonerated

[atswim]

I’ve read a couple stories recently about folks that had been convicted of a crime, them exonerated by DNA or some other evidence. They’re usually freed upon discovery of the evidence.

But what if I were imprisoned, then escaped (yay) and subsequently caught (boo). If DNA later proved my innocence, would I still be responsible for the crime of breaking out of a prison i shouldn’t have been in?

Or, if Cool Hand Luke was found innocent while spending some weeks “in the box” for escaping, would he be freed or would he need to finish out his box time?

[aceplace57]

Prison escape is a crime. Extra years are added to the sentence.

Even if you are exonerated on the original charge. I would expect that the escape charge is valid. Although I’m sure the parole board would look at the circumstances.

Same goes for other prison crimes. Some guy tries something in the shower when you bend over for the soap. You cut him up with a homemade knife. Those charges still apply. Doesn’t matter if your were not guilty of the first crime.

[aceplace57]

In some jurisdictions, such as most U.S. states, escape from jail or prison is a criminal offense. In Virginia, for instance, the punishment for escape depends on whether the offender escaped by using force or violence or setting fire to the jail, and the seriousness of the offense for which they were imprisoned.[2][3][4] In other jurisdictions, the philosophy of the law holds that it is human nature to want to escape. In Mexico, for instance, escapees who do not break any other laws are not charged for anything and no extra time is added to their sentence;[5] however, officers are allowed to shoot prisoners attempting to escape.[6] In Mexico, an escape is illegal if violence is used against prison personnel or property or if prison inmates or officials aid the escape.

Prison escape

I like Mexico rule. No charge because it’s human nature to escape. Unless they manage to shoot you while escaping.

[Alpha_Twit]

@atswim

But what if I were imprisoned, then escaped (yay) and subsequently caught (boo). If DNA later proved my innocence, would I still be responsible for the crime of breaking out of a prison i shouldn’t have been in?

If the prosecutor wanted to push the issue then yes. If you didn’t hurt anyone or take anyone hostage during your escape and committed no other significant crimes during the time you’re out and about the I’d be surprised if the prosecutor tried. He could but it just isn’t worth the public backlash. of course, IANAL.

[aceplace57]

The most famous escapee is Robert Elliott Burns. His autobiography was the basis for the movie I Am a Fugitive from a Chain Gang.

Fascinating life story. Burns does admit he committed the original crime. But, the brutality he suffered in Georgia caused New Jersey to refuse extradition and he got a pardon.

Robert Elliott Burns