FORECITE National™
Instructions And Issues Omitted By The Pattern Instructions
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VOLUME 7 - CHAPTER 96
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96 Table of Contents
96.3 Prison Crimes: Defenses And Defense Theories
96.3.2 Prison Crimes: Inapplicable To Escapee
96.3.2.1 Assault By Prisoner: Defense Theory That Defendant Was Not A "Prisoner" After Escaping
FORECITE National™
Instructions And Issues Omitted By The Pattern Instructions
Copyright
& Publication Information
VOLUME 7 - CHAPTER 96
96.3.2.1 Assault By Prisoner: Defense Theory That Defendant Was Not A "Prisoner" After Escaping
PRACTICE NOTE: Normally the term "custody" for purposes of a statute proscribing assault by a person in custody refers to actual or constructive restraint in a jail or prison, etc. Under such a definition, a prisoner who has escaped from all constraints of the detention facility is not in "custody" and cannot be guilty of assault by a prisoner. (See State v. Newman (AZ 1984) 688 P2d 180, 183.)
RESEARCH NOTES:
See generally, FORECITE National™ 305.9.5 [In Prison Crimes].
RELATED FEDERAL MODEL INSTRUCTIONS:
See FORECITE National™ 96.1.2 [Prison Crimes: Federal Circuit Model Instructions And Notes].