California, United States of America
The following excerpt is from People v. Mason, 277 Cal.Rptr. 166, 52 Cal.3d 909, 802 P.2d 950 (Cal. 1991):
It is true, as defendant points out, that we have held the crime of escape considered in the abstract does not involve an inherent danger to life. "The fact that [violent] reactions do occur in some cases is not sufficient to support the conclusion that one who escapes from legal confinement thereby creates a situation inherently dangerous to human life." (People v. Lopez (1971) 6 Cal.3d 45, 52, 98 Cal.Rptr. 44, 489 P.2d 1372.) Based on this reasoning, we determined in Lopez that the crime of escape would not support application of the second-degree felony-murder rule.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.