Escape in United States
Escape Definition
From Bodily Harm. The ancient doctrine of the common law that the right of self-defense did not arise until every effort to escape, even to retreating until an impassable wall or something of that nature had been reached, has been supplanted in America by the doctrine that a man, if unlawfully assaulted in a place where he has a right to be, and put in danger, real or reasonably apparent, of losing his life or receiving great bodily harm, is not required to endeavor to escape from his assailant, but may stand his ground, and repel force with force, even to the taking of the life of his assailant, if necessary or in good reason apparently necessary, for the preservation of his own life or to protect himself from receiving great bodily harm. It is not necessary to the right of self-defense that a party having otherwise the right to exercise it, cannot “escape” the danger by fleeing from his assailant. 199 111. 173. Of Prisoner. The deliverance of a person, who is lawfully imprisoned, out of a prison, before such a person is entitled to such deliverance by law. 5 Mass. 310. When one who is arrested gains his liberty before he is delivered in due course of law. 107 N. C. 858. Departure of a prisoner from custody before he is discharged by due process of law. Escape takes place without force; prison breach, with violence; rescue, through the intervention of third parties. Actual Escapee. Those which take place when the prisoner in fact gets out of prison, and unlawfully regains his liberty. Constructive Escapes. These take place when the prisoner Obtains more liberty than the law allows, although he still remains in confinement. Bac. Abr. “Escape” (B) ; Plowd. 17: 5 Mass. 810; 2 Mason (U. S.) 486. This distinction obtains only as to arrest in civil actions. Negligent Escape. This takes place when the prisoner goes at large, unlawfully, either because the building or prison in which he is confined is too weak to hold him, or because the keeper, by carelessness, lets him go out of prison. Voluntary Escape. This takes place when the prisoner has given to him voluntarily any liberty not authorized by law. 5 Mass. 310; 2 N. Chip. (Vt.) 11; 25 N. H. 458.
Escape in Foreign Legal Encyclopedias
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Escape | Escape in the World Legal Encyclopedia. |
Escape | Escape in the European Legal Encyclopedia. |
Escape | Escape in the Asian Legal Encyclopedia. |
Escape | Escape in the UK Legal Encyclopedia. |
Escape | Escape in the Australian Legal Encyclopedia. |
For starting research in the law of a foreign country:
Browse the American Encyclopedia of Law for Escape
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Escape | Escape in the Family Law Portal of the American Encyclopedia of Law. |
Escape | Escape in the IP Portal of the American Encyclopedia of Law. |
Escape | Escape in the Commercial Law Portal of the American Encyclopedia of Law. |
Escape | Escape in the Criminal Law Portal of the American Encyclopedia of Law. |
Escape | Escape in the Antritrust Portal of the American Encyclopedia of Law. |
Escape | Escape in the Bankruptcy Law Portal of the American Encyclopedia of Law. |
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Escape | Escape in the Tax Law Portal of the American Encyclopedia of Law. |
Escape | Escape in the and Finance and Banking Portal of the American Encyclopedia of Law. |
Escape | Escape in the Employment and Labor Portal of the American Encyclopedia of Law. |
Escape | Escape in the Personal Injury and Tort Portal of the American Encyclopedia of Law. |
Escape | Escape in the Environmental Law Portal of the American Encyclopedia of Law. |
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Escape related entries | Find related entries of Escape |
Legal Issue for Attorneys
From Bodily Harm. The ancient doctrine of the common law that the right of self-defense did not arise until every effort to escape, even to retreating until an impassable wall or something of that nature had been reached, has been supplanted in America by the doctrine that a man, if unlawfully assaulted in a place where he has a right to be, and put in danger, real or reasonably apparent, of losing his life or receiving great bodily harm, is not required to endeavor to escape from his assailant, but may stand his ground, and repel force with force, even to the taking of the life of his assailant, if necessary or in good reason apparently necessary, for the preservation of his own life or to protect himself from receiving great bodily harm. It is not necessary to the right of self-defense that a party having otherwise the right to exercise it, cannot “escape” the danger by fleeing from his assailant. 199 111. 173. Of Prisoner. The deliverance of a person, who is lawfully imprisoned, out of a prison, before such a person is entitled to such deliverance by law. 5 Mass. 310. When one who is arrested gains his liberty before he is delivered in due course of law. 107 N. C. 858. Departure of a prisoner from custody before he is discharged by due process of law. Escape takes place without force; prison breach, with violence; rescue, through the intervention of third parties. Actual Escapee. Those which take place when the prisoner in fact gets out of prison, and unlawfully regains his liberty. Constructive Escapes. These take place when the prisoner Obtains more liberty than the law allows, although he still remains in confinement. Bac. Abr. “Escape” (B) ; Plowd. 17: 5 Mass. 810; 2 Mason (U. S.) 486. This distinction obtains only as to arrest in civil actions. Negligent Escape. This takes place when the prisoner goes at large, unlawfully, either because the building or prison in which he is confined is too weak to hold him, or because the keeper, by carelessness, lets him go out of prison. Voluntary Escape. This takes place when the prisoner has given to him voluntarily any libe
rty not authorized by law. 5 Mass. 310; 2 N. Chip. (Vt.) 11; 25 N. H. 458.
Notice
This definition of Escape is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.