NCJ Number
158280
Journal
New England Journal on Criminal and Civil Confinement Volume: 21 Issue: 1 Dated: (Winter 1995) Pages: 203-229
Date Published
1995
Length
27 pages
Annotation
This analysis of inmate escapes focus on the standard to be applied when deciding whether a prison official's use of deadly force to prevent an escape is justified under the circumstances.
Abstract
The discussion traces the development of the law in the area of deadly force in prison escapes and examines the standard used in situations involving escapes of pretrial detainees. The discussion notes that the standard for prison disturbances, derived from the Eighth Amendment's ban on cruel and unusual punishment, as well as the use, in pretrial detainee escape situations, of the Fourteenth Amendment's due process clause. The analysis concludes that corrections officials should establish clear, concise, and exact plans regarding the use of force in escape situations and that these plans must consider constitutional protection for the escapees as well as the safety concerns of the prison officials and the public. They must also ensure that all prison personnel are aware of the amount of force allowable in escape situations. Footnotes