prison breach

prison breach. A prisoner’s forcible breaking and departure from a place of lawful confinement; the offense of escaping from confinement in a prison or jail. • Prison breach has traditionally been distinguished from escape by the presence of force, but some jurisdictions have abandoned this distinction.

— Also termed prison breaking; breach of prison. Cf. ESCAPE(2). [Cases: Escape

4. C.J.S. Escape §§ 8, 16–18.]

“Breach of prison by the offender himself, when committed for any cause, was felony at the common law: or even conspiring to break it. But this severity is mitigated by the statute de frangentibus prisonam, I Edw. II, which enacts that no person shall have judgment of life or member, for breaking prison, unless committed for some capital offence. So that to break prison, when lawfully committed for any treason or felony, remains still a felony as at the common law; and to break prison, when lawfully confined upon any other inferior charge, is still punishable as a high misdemeanor by fine and imprisonment.” 4 William Blackstone, Commentaries on the Laws of England 130–31 (1769).

---

词条贡献者

双语律师Roger，毕业于一所培养最顶级翻译人才的语言学院，擅长翻译各类与商业秘密咨询与诉讼相关的法律文件。