bailey argued november decided january together cogdell also certiorari see rule upon apprehended escape district columbia jail respondents indicted violating governs escape federal custody trial respondents cooley bailey walker district respondents adduced evidence conditions jail reasons returning custody rejected proffered jury instruction duress defense ruling failed matter law present evidence sufficient support defense turned escaped allegedly coercive conditions receiving instructions disregard evidence jail conditions jury convicted respondents violating respondent cogdell trial district ruled absent testimony time escape apprehension present evidence conditions jail also convicted jury violating appeals reversed respondent conviction remanded new trials holding district allowed respective juries consider evidence coercive conditions jail determining whether respondents formulated requisite intent sustain conviction required prosecution prove particular defendant left federal custody voluntarily without permission intent avoid confinement escapee acting requisite intent escaped order avoid conditions opposed normal aspects confinement held since respondents indicted fleeing escaping certain date leaving staying away custody since jury instructions gave impression respondents tried leaving jail certain date failing return later date neither respondents juries acquainted proposition escapes question continuing offenses omission constituted violation respondents right jury trial held prosecution fulfills burden demonstrates escapee knew actions result leaving physical confinement without permission nothing language legislative history indicates congress intended require heightened standard culpability narrow definition confinement appeals required pp order entitled instruction duress necessity defense charge escape escapee must first offer evidence justifying continued absence custody well initial departure indispensable element offer testimony bona fide effort surrender return custody soon claimed duress necessity lost coercive force record evidence testimony lacking hence respondents entitled instruction duress necessity pp escape federal custody defined continuing offense escapee held liable failure return custody well initial departure pp significant variance indictments merely respondents indicted theory escape continuing offense district explain theory juries indictments tracked closely language sufficient standard deeming indictment sufficient first contains elements offense charged fairly informs defendant charge must defend second enables plead acquittal conviction bar future prosecutions offense hamling unnecessary district elaborate juries benefit continuing nature charged offense evidence failed matter law crucial particular reach minimum threshold required instruction respondents theory case generally pp affirmative defense consists several elements testimony supporting one element insufficient sustain even believed trial jury need burdened testimony supporting elements defense held juries cases subjected potpourri evidence jail conditions even though critical element proffered defense duress necessity absent every trial converted hearing current state federal penal system pp rehnquist delivered opinion burger stewart white powell stevens joined stevens filed concurring opinion post blackmun filed dissenting opinion brennan joined post marshall took part consideration decision cases edwin kneedler argued cause briefs solicitor general mccree assistant attorney general heymann kenneth geller jerome feit john depue richard kohn argued cause respondents brief john townsend rich robert robbins dorothy sellers justice rehnquist delivered opinion early morning hours august respondents clifford bailey james cogdell ronald cooley ralph walker federal prisoners district columbia jail crawled window bar removed slid knotted bedsheet escaped custody federal authorities recaptured remained large period time ranging one month three months upon apprehension charged violating governs escape federal custody trials respondents adduced offered adduce evidence various conditions events district columbia jail convicted jury appeals district columbia circuit reversed convictions divided vote holding district improperly precluded consideration respective juries respondents tendered evidence granted certiorari reverse judgments appeals reaching conclusion must decide state mind necessary violation elements constitute defenses duress necessity explaining reasons decision find position akin mother crab trying teach progeny walk straight line finally desperation exclaims say act congress construe consists one sentence set forth margin supra pragmatic estimate expressed infra general trials violations simple affairs yet written reluctantly believe necessarily somewhat lengthy opinion supporting conclusion enacting federal criminal code congress legislated light long history case law frequently relevant fleshing bare bones crime congress may proscribed single sentence see morissette respondents requested jury trials initially scheduled tried jointly last minute however respondent cogdell secured severance district refused submit jury instructions respondents defense duress necessity charge jury escape continuing offense must examine detail evidence brought trial prosecution case chief bailey cooley walker brief government introduced evidence respondents federal custody august disappeared apparently cell window approximately date apprehended individually september december respondents defense duress necessity centered conditions jail months june july august various threats beatings directed period describing conditions jail introduced evidence frequent fires northeast one cellblock occupied respondents prior escape construed light favorable evidence demonstrated inmates northeast one occasion guards unit set fire trash bedding objects thrown cells according inmates guards simply allowed fires burn went although fires apparently confined small areas posed substantial threat spreading complex poor ventilation caused smoke collect linger cellblock respondents cooley bailey also introduced testimony guards jail subjected beatings threats death walker attempted prove epileptic received inadequate medical attention seizures consistently trial district stressed sustain defenses respondents introduce evidence attempted surrender engaged equivalent conduct freed conditions described waited evidence vain respondent cooley eluded authorities one month testified people tried contact authorities never got touch anybody app also suggested someone told sister federal bureau investigation kill apprehended respondent bailey apprehended november told similar story stated jail officials called several times turn still threats death like cooley bailey testified fbi telling people going shoot respondent walker suggested attempted negotiate surrender like cooley bailey walker testified fbi told people kill recaptured nevertheless according walker called fbi three times spoke agent whose name remember agent allegedly assured fbi harm unable promise walker returned jail walker testified last called fbi finally apprehended december close evidence district rejected respondents proffered instruction duress defense prison escape ruled respondents failed matter law present evidence sufficient support defense turned escaped allegedly coercive conditions receiving instructions disregard evidence conditions jail jury convicted bailey cooley walker violating two months later respondent cogdell came trial district judge presided trial cogdell attempted offer testimony concerning allegedly inhumane conditions jail district judge inquired cogdell conduct escape august apprehension september response cogdell assertion may written letters district specified cogdell testify ot may done app absent testimony however district ruled cogdell present evidence conditions jail cogdell subsequently chose testify behalf convicted jury violating divided vote appeals reversed respondent conviction remanded new trials see app app majority concluded district allowed jury consider evidence coercive conditions determining whether respondents formulated requisite intent sustain conviction according majority required prosecution prove particular defendant left federal custody voluntarily without permission intent avoid confinement app majority defined word confinement encompassing normal aspects punishment prescribed legal system thus prisoner escapes order avoid conditions beatings homosexual attacks necessarily requisite intent sustain conviction according majority defendant introduces evidence subject conditions crucial factual determination intent issue whether defendant left custody avoid conditions whether addition defendant also intended avoid confinement making determination jury guided trial instructions pointing factors indicative presence absence intent avoid confinement app emphasis original dissenting judge objected characterized revolutionary reinterpretation criminal law majority argued crime escape traditionally required general intent mental state sophisticated intent go beyond permitted limits emphasis deleted dissent concluded district properly removed consideration respondent contention conditions events jail justified escape respondent introduced evidence whatsoever justifying continued absence jail following escape ii criminal liability normally based upon concurrence two factors mind hand morissette present case must examine mental element mens rea required conviction circumstances hand avoid liability section coercive conditions necessity negates conclusion guilt even though necessary mens rea present areas criminal law pose difficulty proper definition mens rea required particular crime national commission reform federal criminal laws decried confused inconsistent ad hoc approach federal courts issue called new departure see working papers national commission reform federal criminal laws hereinafter working papers although central focus reform movements codification workable principles determining criminal culpability see american law institute model penal code prop draft hereinafter model penal code byproduct general rethinking traditional mens rea analysis common law crimes generally classified requiring either general intent specific intent venerable distinction however source good deal confusion one treatise explained sometimes general intent used way criminal intent mean general notion mens rea specific intent taken mean mental state required particular crime general intent may used encompass forms mental state requirement specific intent limited one mental state intent another possibility general intent used characterize intent something undetermined occasion specific intent denote intent thing particular time place lafave scott handbook criminal law pp footnotes omitted hereinafter lafave scott case crimes limited distinction knowledge purpose considered important since good reason imposing liability whether defendant desired merely knew practical certainty results gypsum supra quoting lafave scott thus gypsum held person held criminally liable sherman act person exchanged price information competitor either knowledge exchange unreasonable anticompetitive effects purpose producing effects certain narrow classes crimes however heightened culpability thought merit special attention thus statutory common law homicide often distinguishes either setting degree crime imposing punishment person knows another person killed result conduct person acts specific purpose taking another life see lafave scott similarly defendant charged treason stated government must demonstrate defendant acted purpose aid enemy see haupt another example law inchoate offenses attempt conspiracy heightened mental state separates criminality otherwise innocuous behavior see model penal code comments tent draft hereinafter mpc comments general sense purpose corresponds loosely concept specific intent knowledge corresponds loosely concept general intent see ibid lafave scott substitution terms innovation offered reformers hardly dramatic another ambiguity inherent traditional distinction specific intent general intent generally even crimes consist several elements complex statutorily defined crimes exhibit characteristic even greater degree state mind required actor element crime may elements require one state mind another feola example asked decide whether government sustain conviction assaulting federal officer prove defendant knew victim federal officer looking legislative history concluded congress intended require intent assault intent assault federal officer feola implied american law institute stated lear analysis requires question kind culpability required establish commission offense faced separately respect material element crime mpc comments see also working papers lafave scott dissecting assigning level culpability element believe two observations order first performing analysis courts obviously must follow congress intent required level mental culpability particular offense principles derived common law well precepts suggested american law institute must bow legislative mandates case however neither language statute legislative history mentions mens rea required conviction second suggested analysis useful tool making sense otherwise opaque concept principle considered administration federal system criminal justice confided ordinary mortals whether lawyers judges jurors system easily fall weight courts scholars become obsessed distinctions either traditional novel congress neither stated implied made conduct criminal relevant charges bailey cooley walker required prosecution prove custody attorney general result conviction escaped custody charges respondent cogdell required proof exception confinement based upon arrest felony rather prior conviction although define term escape courts commentators general agreement means absenting oneself custody without permission see app wilkey dissenting wilke cert denied see also bishop criminal law ed burdick law crime perkins criminal law wharton criminal law ed respondents challenged district instructions first two elements crime defined undisputed august respondents custody attorney general result either arrest charges felony conviction element escape need decide whether person convicted evidence recklessness negligence respect limits freedom may someday confront case escapee know known exceeding bounds confinement leaving without permission district clearly instructed juries prosecution bore burden proving respondents knowingly committed act law makes crime acted knowingly intentionally deliberately app minimum juries find respondents knew leaving jail knew without authorization sufficiency evidence support juries verdicts charge never seriously questioned majority appeals however imposed added burden prosecution prove part case chief respondents acted intent avoid confinement reasons noted word intent quite ambiguous majority left little doubt requiring government prove respondents acted purpose conscious objective leaving jail without authorization explaining holding example majority specified escapee act requisite intent escaped order avoid conditions opposed normal aspects confinement app find majority position quite unsupportable nothing language legislative history indicates congress intended require either heightened standard culpability narrow definition confinement stated earlier cases generally held except narrow classes offenses proof defendant acted knowingly sufficient support conviction accordingly hold prosecution fulfills burden demonstrates escapee knew actions result leaving physical confinement without permission holding respect comports parallel definitions crime escape model penal code proposed revision federal criminal code see model penal code report senate committee judiciary accompany pp comm print moreover comments accompanying proposed revision federal criminal code specified new provision covering escape substantially carrie forward existing law respondents also contend entitled new trial presented cogdell case presented sufficient evidence duress necessity submit defense jury majority confront claim squarely holding instead extent defense normally barred prisoner failure return custody neither indictment jury instructions adequately described requirement see app common law historically distinguished defenses duress necessity duress said excuse criminal conduct actor unlawful threat imminent death serious bodily injury threat caused actor engage conduct violating literal terms criminal law defense duress covered situation coercion source actions human beings defense necessity choice evils traditionally covered situation physical forces beyond actor control rendered illegal conduct lesser two evils thus destroyed dike threatened kill argue acted duress whereas destroyed dike order protect valuable property flooding claim defense necessity see generally lafave scott modern cases tended blur distinction duress necessity majority discarded labels duress necessity choosing instead examine policies underlying traditional defenses see app particular majority felt defenses designed spare person punishment acted threats conditions person ordinary firmness unable resist reasonably believed criminal action necessary avoid harm serious sought prevented statute defining offense model penal code redefines defenses along similar lines see model penal code duress choice evils need speculate however precise contours whatever defenses duress necessity available charges brought definition defenses one principle remains constant reasonable legal alternative violating law chance refuse criminal act also avoid threatened harm defenses fail lafave scott clearly context prison escape escapee entitled claim defense duress necessity unless demonstrates given imminence threat violation reasonable alternative see boomer cert denied sub nom heft people richards cal app cal rptr present case government contends respondents showing insufficient two grounds first government asserts threats conditions cited respondents justifying escape sufficiently immediate serious justify departure lawful custody second government contends respondents escaped coercive conditions jail longer threat respondents duty terminate status fugitives turning authorities respondents hand argue evidence coercion conditions jail least sufficient go jury affirmative defense crime charged failure return custody gaining freedom respondents assert failure one factor overall determination whether initial departure justified according respondents failure surrender may reflect adversely bona fides motivation leaving jail withdraw question motivation jury consideration brief respondents see also supra need decide whether evidence submitted respondents sufficient raise jury question initial departures decline hold respondents failure return one factor jury weigh deciding whether initial escape affirmatively justified contrary several considerations lead us conclude order entitled instruction duress necessity defense crime charged escapee must first offer evidence justifying continued absence custody well initial departure indispensable element offer testimony bona fide effort surrender return custody soon claimed duress necessity lost coercive force first think clear beyond peradventure escape federal custody defined continuing offense escapee held liable failure return custody well initial departure given continuing threat society posed escaped prisoner nature crime involved congress must assuredly intended treated continuing one toussie moreover every federal considered issue held either explicitly implicitly defines continuing offense see michelson cluck cert denied joiner cert denied chapman respondents point toussie calls restraint labeling crimes continuing offenses justification restraint however tension doctrine continuing offenses policy repose embodied statutes limitations see tension wholly absent case statute limitations tolled period escapee remains large remaining considerations leading conclusion perhaps ironically derived concern statutory constitutional right jury trial upon majority appeals based reasoning significant variance indictment merely respondents indicted theory escape continuing offense district explain theory juries held several occasions indictment sufficient first contains elements offense charged fairly informs defendant charge must defend second enables plead acquittal conviction bar future prosecutions offense hamling indictments track closely language undoubtedly sufficient standard see alleged failure district elaborate benefit jury continuing nature charged offense believe elaboration unnecessary evidence failed matter law crucial particular reach minimum threshold required instruction respondents theory case generally tradition criminal justice embodied constitution federal statutes makes jurors judges credibility testimony offered witnesses generally appellate courts say particular witness spoke truth fabricated story escapee flees jail process burning ground may well entitled instruction duress necessity hanged stay burnt kirby wall federal system jury judge whether prisoner account reason flight true false precisely defendant entitled credibility testimony witnesses called behalf judged jury essential testimony given proffered meet minimum standard element defense jury finds true support affirmative defense duress necessity therefore hold criminal defendant charged escape claims entitled instruction theory duress necessity must proffer evidence bona fide effort surrender return custody soon claimed duress necessity lost coercive force reviewed evidence examined elaborately majority dissenting opinions find case even close even respondents versions facts whether either surrendered offered surrender earliest possible opportunity since determined indispensable element defense duress necessity respondents entitled instruction theory vague necessarily statements defendants witnesses future good intentions ambiguous conduct simply support finding element defense iii reversing judgments appeals believe least faithful majority expressed policy allowing jury perform accustomed role arbiter factual disputes app requirement threshold showing part assert affirmative defense crime means derogation importance jury judge credibility based distrust jury ability separate fact fiction contrary testament importance trial jury need husband resources necessary process limiting evidence trial directed elements crime affirmative defenses hold affirmative defense consists several elements testimony supporting one element insufficient sustain even believed trial jury need burdened testimony supporting elements defense cases present good example potential wasting valuable trial resources general trials violations simple affairs key elements capable objective demonstration mens rea discussed usually depend upon reasonable inferences objective facts however jury trial bailey cooley walker heard five days testimony presented evidence every unpleasant aspect prison life amount garbage cellblock floor meal schedule number times inmates allowed shower unfortunately evidence presented case defense reach hopelessly exceeded grasp hold respondents suggest jury subjected potpourri even though critical element proffered defenses concededly absent undoubtedly convert every trial hearing current state federal penal system juries properly instructed mens rea required respondents failed introduce evidence sufficient submit defenses duress necessity juries reverse judgments appeals reversed footnotes whoever escapes attempts escape custody attorney general authorized representative institution facility confined direction attorney general custody virtue process issued laws judge magistrate custody officer employee pursuant lawful arrest shall custody confinement virtue arrest charge felony conviction offense fined imprisoned five years custody confinement extradition virtue arrest charge misdemeanor prior conviction fined imprisoned one year rebuttal prosecution called joel dean fbi agent assigned investigate walker escape august testified standard bureau practice notified contact made walker fbi according dean never informed contact app respondents asked district give following instruction coercion excuse commission criminal act must result threathening sic conduct sufficient create mind reasonable person fear death serious bodily harm conduct fact caused fear death serious bodily harm mind defendant fear duress operating upon mind defendant time alleged act defendant committed act avoid threatened sic harm hierarchy attempt cover offenses criminal liability imposed absence mens rea whatsoever strict liability crimes exceptions general rule criminal liability requires mind compare morissette dotterweich model penal code offenses based strict liability violations actions punishable fine forfeiture civil penalty rather imprisonment see model penal code see also lafave scott quoting omission mean course defines strict liability crime punishment imposed without proof mens rea held morissette supra mere omission statute mention intent construed eliminating element crimes denounced see also gypsum model penal code defendant guilty escape acts even recklessly toward material elements offense since provides unless otherwise provided definition offense element offense established person acts purposely knowingly recklessly respect thereto proposed revision federal criminal code imposed liability escapee reckless fact subject official detention aware may official detention disregards risk fact official detention knowingly leaves detention area breaks custody noted earlier decide whether circumstances escapee held liable acted recklessly respect material elements offense see supra see also recreation center aetna casualty surety person acting threat death relatives denied defense duress committed crime even though opportunity contact police people richards cal app cal rptr prisoner must resort administrative judicial channels remedy coercive prison conditions model penal code actor must succumb force threat person reasonable firmness situation unable resist actor must believe commission crime necessary avoid greater harm working papers duress excuses criminal conduct given circumstances reasonable men must concede able act otherwise appreciate fact neither prosecution defense criminal case may put evidence simultaneously extent applicable rules case law otherwise preclude approach district bound find situations admits evidence provisionally subject evidence later tied followed evidence makes evidence conditionally admitted unconditionally admissible civil action question whether particular affirmative defense sufficiently supported testimony go jury may often resolved motion summary judgment course motions summary judgment creatures civil criminal trials thus say order theory duress necessity defense submitted jury escapee must first offer evidence justifying continuing absence custody mean impose rigid mechanical formula attorneys district courts order evidence supporting particular elements defense must offered convenience jurors witnesses may best served receiving testimony order certain circumstances subject avowal counsel testimony later tied testimony supporting necessary elements particular affirmative defense holding substantive one essential element defense duress necessity evidence sufficient support finding bona fide effort surrender return custody soon claimed duress necessity lost coercive force general practice trial courts find saves considerable time require testimony element affirmative defense duress necessity first simply testimony heard fairly short time whereas testimony going necessary elements duress necessity may take considerably longer present example jury heard five days testimony prison conditions fact trial concluded correctly testimony another essential element defense even reach minimum threshold jury believed element defense said made trial judges presiding indictments based far better position know whether matter order presenting witnesses evidence testimony particular witness may allowed order subject avowal proffer various devices employed avoid wasting time jury testimony irrelevant time avoiding possible necessity recalling seriously inconveniencing witness title provides statute limitations shall extend person fleeing justice escaped prisoner definition fugitive justice statute limitations normally applicable federal offenses tolled remained large see howgate app contrary implication justice blackmun dissent describing rationale necessity defense balancing harms post construing act congress drafting statute noted requires heightened mens rea might negated defense duress coercion nonetheless recognize congress enacting criminal statutes legislates background common law see morissette therefore defense duress coercion may well contemplated congress enacted since express purpose congress enacting section punish escape penal custody think duty return duty described elaborately text must essential element defense unless congressional judgment escape prison crime rendered wholly nugatory principal difference dissent therefore existence defense importance surrender element remain satisfied even credited jury testimony set forth length justice blackmun dissenting opinion support finding respondents alternatives remain large recaptured anywhere one three months escape hold otherwise indeed quickly reduce overcrowding prisons universally condemned penologists result accomplished manner quite odds purpose congress made escape prison federal criminal offense justice stevens concurring essential difference majority dissent question whether record contains enough evidence bona fide effort surrender return custody present question fact jury resolve issue agree evidence introduced defendants cooley bailey cogdell plainly insufficient vague references anonymous intermediaries inherently incredible trial judge entitled ignore respect walker however question much closer testified personally telephoned fbi agent three times effort negotiate surrender since remained large two months last effort speak fbi persuaded even version facts make adequate attempt satisfy return requirement fact joined opinion indicate indeed member majority unconcerned prison conditions described justice blackmun construing federal escape statute however think fair note conditions apt prevail state county facilities federal facilities moreover reasonable men may well differ effective methods redressing situation view progress toward acceptable solutions involves formulating enforceable objective standards civilized prison conditions keeping channels communication prisoners outside world open guaranteeing access courts rather relying ad hoc judgments good faith prison administrators giving undue deference expertise encouraging convicted felons short neither agreement much justice blackmun written disagreement related issues prevents joining construction federal escape statute rebuttal testimony described ante indicates walker probably telling truth deciding whether walker testimony sufficient assume veracity compare example hutto finney bell wolfish see estelle gamble stevens dissenting see houchins kqed stevens dissenting jones north carolina prisoners union stevens dissenting part morales schmidt stevens dissenting modified en banc stevens concurring see harris pate cf meachum fano stevens dissenting see procunier navarette stevens dissenting see bell wolfish supra stevens dissenting unwise perhaps counterproductive immunize escapes otherwise unlawful hope motivate significant reforms unselfish motive affords assurance crime produce results perpetrator intends cullen minimizing risk escape course classic justification imposing rigid discipline within prison walls justice blackmun justice brennan joins dissenting opinion seems impeccable exercise undisputed general principles technical legalism respondents properly confined district columbia jail departed jail without authority consent failed promptly turn assert way justification ante claimed duress necessity lost coercive force therefore concludes defense jury weigh consider respondents prosecution escape violative assertion claimed duress necessity lost coercive force particularly disagree conditions led respondents initial departure jail continue unabated departure justified record us issue feel jury resolve matter fact light evidence determine matter law seems much demand respondents order preserve legal defenses return forthwith hell obviously exceeds normal deprivations prison life compelled leaving first instance however requires escapee action must amount nothing mere temporary gesture hoped might attract attention responsive circles life health even convicts accuseds deserve better entitled pious pronouncements fit ideal world carefully structured opinion reach result might proper one living ideal world american jails penitentiaries truly places humane rehabilitative treatment inmates statutory crime escape excused duress necessity beatings fires jails take place escapees appropriately prosecuted punished live ideal world even use phrase america far jail prison conditions concerned complaints every american appellate receives almost daily prisoners conditions incarceration filth homosexual rape brutality always mouthings purely malcontent acknowledges ante conditions respondents complained exist light stark truth seems cases evaluated must follow evidence proffered respondent cogdell admitted jury respondents bailey cooley walker tried instructed disregard evidence come therefore dissent atrocities inhuman conditions prison life america almost unbelievable surely nothing less shocking dissent bailey case appeals acknowledged circumstances prison life least colorable credible claim duress necessity raised respect virtually every escape app government concedes light prison conditions even prevail rare inmate convince continued incarceration harmful health safety brief see furtado bishop cert denied post cf bell wolfish youthful inmate expect subjected homosexual gang rape first night jail said even van way jail weaker inmates become property stronger prisoners gangs sell sexual services victim prison officials either disinterested stopping abuse prisoners prisoners incapable given limited resources society allocates prison system prison officials often merely indifferent serious health safety needs prisoners well even appalling fact guards frequently participate brutalization inmates classic example beating punishment retaliation prisoner complaints actions evidence submitted respondents cases fits pattern exactly respondent bailey presented evidence continually mistreated correctional officers stay jail threatened testimony brad king case bring severe retribution app inmates beaten guards message bailey inmate testified one occasion three guards displaying small knife told going get buddy nigger bailey going kill threats culminated series violent attacks bailey blackjacks mace slapjacks leather steel insert used beating bailey respondent cooley also elicited testimony inmates concerning beatings cooley guards slapjacks blackjacks flashlights evidence guards threatened kill cooley society responsibility protect life health prisoners hen sheriff marshall sic takes man courthouse prison van transports confinement two three ten years act tolled bell whether like made collective responsibility free something emphasis original address chief justice record assn bar city new york mar deliberate indifference serious essential medical needs prisoners constitutes cruel unusual punishment violative eighth amendment estelle gamble inmate must rely prison authorities treat medical needs worst cases failure may actually produce physical torture lingering death less serious cases denial medical care may result pain suffering one suggests serve penological purpose infliction unnecessary suffering inconsistent contemporary standards decency little question prisons badly understaffed large part cause many shortcomings penal systems however excuse failure provide place confinement meets minimal standards safety decency penal systems parts world demonstrate vast improvement surely beyond reach contrast indifference programs countries europe holland scandinavian countries particular happy one us address chief justice supra many years since swedish prisoners concerned problems adequate food water shelter true religious freedom adequate medical treatment ward inmate rights prison reform sweden denmark crim see also corrections magazine june sweden prisons inmates private cell salomon lessons swedish criminal justice system reappraisal fed probation prisons small largest accommodate inmates house supra appears relaxed atmosphere staff inmates prevailing attitude prisoners must treated dignity respect siegel criminal justice swedish style humane search answers offender rehabilitation ii real question presented case whether prisoner punished helping extricate situation society abdicated completely basic responsibility providing environment free conditions beatings fires lack essential medical care sexual attacks sure congress many words enacted specific statutory duress necessity defenses excuse justify commission otherwise unlawful act concept defense however anciently woven fabric culture hall general principles criminal law ed quoted brief government concedes always accepted part criminal justice system punishment inappropriate crimes committed duress defendant circumstances fairly blamed wrongful act although declines address issue least implies recognize defenses duress necessity federal crime prison escape appropriate prerequisites assertion either defense met see ante given universal acceptance defenses common law difficulty concluding congress intended defenses duress necessity available persons accused committing federal crime escape agree comments essential elements defenses conclude intolerable prison conditions taken account affirmative defenses duress necessity rather way theory intent espoused appeals conclusion intent avoid normal aspects confinement essential element offense escape means burden proof government prove element according precedents mullaney wilbur government prove intent beyond reasonable doubt unlikely congress intended place difficult burden prosecution legislative history sparse specifically define requisite intent circumstances compel coerce person commit offense however traditionally treated affirmative defense burden proof defendant although intolerable prison conditions fit within standard definition duress necessity defense see app analogous traditional defenses therefore agree appropriate treat unduly harsh prison conditions affirmative defense also agree absence reasonable less drastic alternatives prerequisite successful assertion defense necessity duress charge prison escape one must appreciate however realistic avenues redress seldom open prisoner prison officials participate maltreatment inmate purposefully ignore dangerous conditions brutalities inflicted prisoners guards inmate little protect filing complaint may well result retribution appealing guards capital offense prisoners code behavior instances question whether alternative remedies thoroughly exhausted matter jury decide conclude jury generally instructed order prevail necessity duress defense defendant must justify continued absence custody well initial departure agree nature escape makes continuing crime agree way continued absence justified evidence bona fide effort surrender return custody ante apparently entertains view naive estimation prisoner escaped situation turn secure faith escape somehow result improvement intolerable prison conditions may true rare circumstance escapee obtain aid prison administration escape accomplished escapee realistically faces high probability returned prison exactly even greater threats life safety rationale necessity defense balancing harms harm caused escape less harm caused remaining threatening situation prisoner initial departure justified rationale apply hesitancy failure return situation may well arise social balance weighs favor prisoner even though fails return custody escapee least permitted present jury possibility harm result return custody outweighs harm society continued absence even standard defendant escape prosecution permitted submit evidence jury demonstrate surrender result placed situation requires return custody claimed duress necessity lost coercive force ante realistically however escapee reasonably believes surrender result return concededly intolerable prison situation remains subject coercive force prompted escape first instance ironic say force automatically lost prison wall passed phrasing test demonstrates deciding factual questions presented jury bona fide effort surrender must proved ibid whether effort bona fide jury question also ague necessarily statements defendants witnesses future good intentions ambiguous conduct simply support finding element defense ante traditionally function jury evaluate credibility meaning necessarily statements ambiguous conduct see people luther people unger esquibel state finally course must agree use jury reserved case sufficient evidence support verdict difficulty however concluding respondents indeed submit sufficient evidence support verdict guilty jury inclined based necessity defense respondent bailey testified fear life afraid still face threats turned fbi telling people going shoot app respondent cooley testified know anyone call feared police shoot came get respondent walker testified constant rapport fbi agent assured fbi harm promise returned jail walker also stated heard sister fbi said ran going kill perhaps highly unlikely jury believed respondents stories fbi planned shoot sight respondent walker constant communication fbi agent nevertheless testimony even though possibly extreme unwarranted part sufficient permit jury decide whether failure surrender immediately justified excused routine grist jury mill jury usually able sort fabricated incredible conclusion major point disagreement whether defendant may get duress necessity defense jury supported testimony ambiguous conduct difficult imagine case criminal civil jury asked decide factual question based completely disinterested testimony unambiguous actions essence jury issue dispute credibility testimony interested witnesses meaning ambiguous actions ruling defense matter law preventing jury considering rare occurrence criminal cases criminal case law assigns factfinding function solely jury sandstrom montana jury conscience society role criminal prosecution particularly important duncan louisiana yet appears place especially strict burden proof defendants attempting establish affirmative defense charged crime escape action unwarranted respondents allegations true society grossly fault permitting conditions persist jail findings researchers government agencies well litigated cases indicate general sense allegations credible case recognizing duress necessity defenses even compelling society rather private actors creates coercive conditions situation especially appropriate jury permitted weigh factors strike balance interests prisoners society attempt conserve jury cases considers truly worthy body ousted jury role particularly well suited serve see silberman criminal violence criminal justice report sexual assaults prison system sheriff vans radzinowicz wolfgang crime justice ed see generally silberman supra bartollas miller dinitz juvenile victimization institutional paradox weiss friar terror prisons ballesteros behind jail bars luttrell behind prison walls weiss friar supra youth epileptic seizure sprayed tear gas resulting severe trauma mueller medical services prison lessons two surveys ciba foundation symposium medical care prisoners detainees mitford kind usual punishment univ law school health care conditions pennsylvania state prisons reprinted aba correctional facilities services standards materials medical health care jails prisons correctional facilities report medical advisory committee state prisons correction human services commonwealth mass reprinted aba standards materials see weiss friar supra see note escape cruel unusual punishment theory constitutional necessity rev landman royster supp ed sostre rockefeller supp sdny rev part modified part aff part sub nom sostre mcginnis en banc cert denied sub nom sostre oswald mitford supra see goldfarb jails ultimate ghetto official oklahoma crime commission describes gang rape concludes kid tells guards life worth nickel state green mo dissenting opinion cert denied alleged facts case appear typical respondent bailey filed suit superior district columbia stop administrators threatening life app bailey testified suit caused guards threaten attempt persuade withdraw action beat transfer mental ward bailey suit subsequently dismissed prejudice brief respondents surrender fear life know turned still threats death always knew fbi wanted kill escaped limbo know people call officials jail several occasions let ask question stated never surrendered still fearful threats right understand returned yes sir new detention center street southeast section northeast know guards officers left ever hear fbi looking yes feel tell fbi want return jail northeast fbi telling people going shoot app left jail cooley make attempt notify anybody authority say make attempt notify anybody yeah like ai per se like went home know people called told told happened done mad told done understood called never got touch anybody ever make attempt call anybody know nobody call thinking like like jail ai nobody call call anybody jail feel purpose none probably came got make try run shoot half come get feared life call reason right ever leave washington left jail defendant walker one issue want briefly touch fact released detention facility fact contact proper authorities contacted fbi number occasions matter fact kept constant rapport fbi people told brought information sisters fbi said ran going kill actuality never immediate danger never immediate threat losing life given fbi threat contend also go back jail left reason consequently never turned authorities testimony walker know names individuals fbi retained constant rapport course escape one officer troy fauntroy something nature know exact name call sir called second day occasion call several different occasions identify times yes identified indicate indicate tell going surrender told surrender subjected conditions put penitentiary left many days call gentleman know called two three different times period streets december correct think date sir make phone call fbi made first one public phone booth know number call sir look directory looked directory ask anybody particular fbi asked speak someone warrant squad someone connected escapees name fluharty ring bell name fluharty ring bell name gentleman may spoken spoke someone sounds halfway familiar exactly tell sir explained one four gentlemen escaped detention facility august conditions existed explained terminal conditions asked kind way get make type arrangements far turning go back detention facility street southeast also asked anything issued concerning told man named earl berman whether fbi knowledge anybody fbi told earl berman intended kill arrested earl berman sir earl berman personal friend mine saying berman told fbi going kill yes tell told sister sister related information heard yes heard schaars sir exactly first time called agent fluharty someone name fauntroy fbi second day sir recall time day sir know early morning hours say sir know long conversation lasted point longer duration identify identify second time spoke somebody fbi approximately week half later fair say ten days later sir think fair speak time person ask time sir yes called fbi building previous told going call recall time day called time sir afternoon long conversation take time duration identify sir yes identified time indicate agent fluharty going turn indicated work conditions wanted turn turn conditions conditions fact harmed agent fbi taken back detention facility street southeast come time spoke somebody fbi yes sir say month later sir late october sorry mean confuse october know whether late around october around middle first part october speak time sir guy agent fluharty assume name somebody warrant escape squad speaking time sir assume ask specifically somebody squad first time called first time called second time ask agent name yes third time ask agent name yes sir third occasion offer come turn certain specified conditions conditions indicated two prior occasions conditions sir come time called fbi recollection beginning middle october whenever third phone call occurred december contact fbi recollection call law enforcement agency period time sir ever appear district columbia turn period time ever talk minister priest kind religious leader effort turn period time yes minister sir speak another member faith minister yes speak sir want give name time want incriminate far anything far escape everything concerned charge tell gentleman going turn told discussed turning member fbi thought seriously conditions specified worked spoke gentleman fbi ever indicate agree conditions indicate agree anything indicated agree harmed members federal bureau investigation agree taken back detention facility street promise fbi going hurt yes told fbi hurt contact warrant squad officer district columbia department corrections period elopment sic recollection unless part warrant squad app addition sources cited see american assembly prisoners america sheehan prison prisoner williams fish convicts codes contraband inside prison american style minton ed murton dilemma prison reform american friends service committee struggle justice report crime punishment america behind bars prisoners america kwartler ed bagdikian dash shame prisons note rev note intolerable conditions defense prison escapes ucla rev comment rev note rev comment buffalo rev plotkin surviving justice prisoners rights free physical assault cleve rev note cal rev note albany rev