What are the elements of escape in the second degree?

California, United States of America


The following excerpt is from People v. Lang, 264 Cal.Rptr. 386, 49 Cal.3d 991, 782 P.2d 627 (Cal. 1989):

The least adjudicated elements of escape in the second degree consist of the unauthorized departure from custody. These elements simply do not necessarily involve moral turpitude, i.e., the readiness to do evil. Rather, the most they necessarily involve is disrespect for authority. In United States v. Zimmerman (E.D.Pa.1947) 71 F.Supp. 534, the court stated with regard to a similar offense under a similar law: "I cannot say that the action of an [782 P.2d 670] escaping prisoner involves that element of baseness, vileness or depravity which has been regarded as necessarily inherent in the concept of moral turpitude. On the contrary such action, while mistaken and wrong under these circumstances, does undoubtedly spring from the basic desire of the human being for liberty of action and freedom from restraint." (Id. at p. 538.) 5

Other Questions


How have courts reduced the charge of second degree murder from first degree to second degree? (California, United States of America)
Does the abstract of judgment refer to a conviction for second degree robbery as being for second-degree burglary? (California, United States of America)
Can a jury convict a defendant of second degree murder under the second degree felony-murder rule? (California, United States of America)
Is a defendant's argument that he is not guilty of the crime of second degree murder of a fetus challenge his guilt of second-degree murder? (California, United States of America)
Can a jury convict a defendant of second degree murder under the second degree felony-murder rule? (California, United States of America)
Can a jury still convict a defendant of second degree second-degree murder if he shot his wife while committing an assault with a deadly weapon? (California, United States of America)
What is the difference between a principal in the first and second degree and a accessory in the second degree? (California, United States of America)
Does the second degree felony of discharging a firearm constitute a second-degree felony-murder? (California, United States of America)
Can a defendant seek to overturn a conviction for second-degree murder by appealing against the finding that the trial court failed to instruct on the charge of second degree murder? (California, United States of America)
What are the implications of section 654 of the Criminal Code when a defendant is convicted of second degree burglary and second degree robbery? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.