United States v. Bailey
Citation
444 U.S. 394 (1980)
Facts
Federal prisoners escaped from the District of Columbia jail, claiming necessity due to unconstitutional prison conditions including fires and violence; they did not turn themselves in after the immediate danger had passed and were recaptured weeks later.
Issue
Whether federal prisoners can claim necessity or duress as a defense to escape charges based on conditions at the prison, and what elements must be satisfied.
Holding
The Supreme Court held the defendants were not entitled to necessity or duress instructions because they had not turned themselves in after any immediate threat had passed.
Rule
To claim necessity or duress for prison escape, a defendant must show he acted under an immediate, well-grounded threat of death or serious bodily harm with no time for resort to legal alternatives, and must demonstrate he turned himself in to authorities as soon as the claimed duress or necessity had lost its coercive force.