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Unread 24 Feb 2006, 08:44   #1
Radical Edward
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Prison Break

yes I know it is fiction, but it is a good series and it made me wonder. Lets say something like that situation actually occured, that a man's brother was sentenced to death, and was due to go to the chair in a months time. so the man gets himself arrested for holding up a bank, though does not hurt anyone, and concocts an elaborate escape plan, allowing him and his brother (I won't complicate it by having a load of nasty criminals escape along with them, just the man and his brother) to escape. They get out the day before his execution and are on the run for say, a week, so avoiding the brother's execution. In that week, vital evidence shows up demonstrating the innocence of the man's brother. If they had not broken out, the brother would have been executed.

How would the courts look on the breakout? what would the lawyers/judges say in terms of the criminality of the breakout. how would the lawyers and judges amongst us go about defending or prosecuting both, or either of these men for breaking out of Jail,?
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Unread 24 Feb 2006, 12:33   #2
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Re: Prison Break

It might sound stupid but i assume the judges would simply apply the law and likely stick to the minimum sentence possible (depending on how everything happened - we assume they didnt strangle a dozen guards to get out of jail).

I guess if you talk about the US, the governor could/would pardon one or both of them as he is likely friggin glad that his name isnt connected in the books of history with the execution of a innocent man (there is always a possibility that the fact that he was innocent is found out later).
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Unread 24 Feb 2006, 13:18   #3
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Re: Prison Break

Well clearly the brother who was put in prison for the bank robbery would be put back. Since the original crime probably had quite a lengthy minimum sentence anyway, he wouldn't be getting out any time soon.

The other one might face some limited punishment for escape, presuming (as others have said) that they didn't hurt anyone / break any other laws when escaping.
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Unread 24 Feb 2006, 13:49   #4
Yahwe
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Re: Prison Break

Brother A (the convicted murderer): would be placed back in prison and would be charged with the prison break.
However his defence team would advise him to plead not guilty and then make an application to postpone trial pending his appeal against conviction for murder using the fresh evidence.
Should his appeal be successful either the CPS would agree to drop the prosecution (on the grounds that such a prosecution is not in the public interest) or they would not.
If they didn't agree to drop the prosecution, a kindly minded judge might kick it out, a kindly minded jury might not convict or a kindly minded sentencing judge might sentence him to imprisonment for the period he was in prison pending appeal and thereby let him off on the grounds of 'time served'.

Depending upon the nature of the fresh evidence he might also be entitled to compensation for his wrongful conviction.

Brother B:Would remain guilty of holding up a bank. This is a serious crime and no court in it's right mind is going to set such a precedent by letting him go free. Society can not function if everyone decides to act like a film-star vigilante.
Brother B's proper form of redress was through the court system. So although no doubt his defence team might try to persuade the CPS that his prosecution for the break out would be against public interest, they are unlikely to succeed.
The best he can hope for is a concurrent sentence to run with his robbery time. But even this would be designed to add some extra prison time.

Still no need to worry about Brother B because when he get's out i'm sure he can be in celebrity big brother or some such toss.
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Unread 24 Feb 2006, 13:57   #5
Radical Edward
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Re: Prison Break

thanks for that.

about the robbing the bank though. In this case the hold up was purely done with the intention of being arrested and put into the same jail as his brother, as is pretty clear from the subsequent actions and planning. If he could demonstrate then, that he had absolutely no intention to steal anything or injure anyone, wouldn't the appropriate charges be something more along the lines of posession and discarging a firearm and wasting police time? I'm not sure what charges would be put against him if he had really been holding up the bank with an intention to steal stuff, but it is clear that he had no intention of ever robbing the bank, he just wanted to get arrested.

nice round up though, and I like the line about Big Brother
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Unread 24 Feb 2006, 13:59   #6
Yahwe
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Re: Prison Break

Quote:
Originally Posted by Radical Edward
thanks for that.

about the robbing the bank though. In this case the hold up was purely done with the intention of being arrested and put into the same jail as his brother, as is pretty clear from the subsequent actions and planning. If he could demonstrate then, that he had absolutely no intention to steal anything or injure anyone, wouldn't the appropriate charges be something more along the lines of posession and discarging a firearm and wasting police time? I'm not sure what charges would be put against him if he had really been holding up the bank with an intention to steal stuff, but it is clear that he had no intention of ever robbing the bank, he just wanted to get arrested.

nice round up though, and I like the line about Big Brother
I considered this but you didn't specify what he was originally charged with and pointing a firearm at innocent people is a very serious offence anyway.
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Unread 24 Feb 2006, 14:05   #7
Radical Edward
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Re: Prison Break

Quote:
Originally Posted by Yahwe
I considered this but you didn't specify what he was originally charged with and pointing a firearm at innocent people is a very serious offence anyway.
aah ok, sorry I couldn't be a bit more specific with what the charges were, since I am not really sure what exactly the charges would be, all I can really do is describe the crime itself: He walks into a bank fires a couple of shots into the ceiling, tells the bank clerk to hand over half a million dollars, which she does, then stands there and chats to her until the police come and arrest him. he pleads no contest and gets (in the series) five years.

just out of interest, does it bother you about the perception the public have of the legal system when these programs get things so seriously wrong and make it look like doing something like this will at the end of the day result in no punishment?
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Unread 24 Feb 2006, 14:06   #8
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Re: Prison Break

Quote:
Originally Posted by Yahwe
I considered this but you didn't specify what he was originally charged with and pointing a firearm at innocent people is a very serious offence anyway.
Intentions when committing a fellony/crime still play a big part in deciding the sentence though, especially when they're a bit 'obvious' and therefore easier to make credible, right? (atleast they do here in Holland).
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Unread 24 Feb 2006, 14:11   #9
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Re: Prison Break

Quote:
Originally Posted by Radical Edward
aah ok, sorry I couldn't be a bit more specific with what the charges were, since I am not really sure what exactly the charges would be, all I can really do is describe the crime itself: He walks into a bank fires a couple of shots into the ceiling, tells the bank clerk to hand over half a million dollars, which she does, then stands there and chats to her until the police come and arrest him. he pleads no contest and gets (in the series) five years.
I would assume it'd depend quite a lot on the interpretation of the judges. Looking at the jurisprudention (ispell? Dutch 'Jurisprudentie') here, when it comes to committing crimes with other intentions than actually committing them, have lead to mixed sentences etc. For some cases, there isn't any at all, I guess in that case it'd be even more down to interpretation of the judges.
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Unread 24 Feb 2006, 14:12   #10
Yahwe
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Re: Prison Break

Quote:
Originally Posted by Radical Edward
just out of interest, does it bother you about the perception the public have of the legal system when these programs get things so seriously wrong and make it look like doing something like this will at the end of the day result in no punishment?
no more than it bothers me that superman can fly.
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