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Supreme Court· 1/21/1980

United States v. Bailey

Citations

  • 444 U.S. 394
  • 100 S. Ct. 624
  • 62 L. Ed. 2d 575
  • 1980 U.S. LEXIS 69

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that escapee from prison was not entitled to an instruction to the jury on justification because evidence on which to base a verdict was not introduced
  • holding that duress requires a showing that there was no opportunity to refuse the criminal act and avoid the threatened harm
  • recognizing that the justification defenses of duress and necessity are generally available in a prosecution for escape from a federal prison despite the absolute language of 18 U.S.C. § 751(a
  • holding that a defendant claiming duress must show that there was no opportunity to refuse the criminal act and avoid the threatened harm
  • holding that defense of necessity requires showing that defendant immediately made unconditional “effort to surrender or return” to custody which presented danger from which he escaped
  • holding that an escapee from custody must present evidence that he surrendered to authorities as soon as the coercive force ceased when he claimed his escape occurred under duress

Source: CourtListener parenthetical corpus (CC0).

Judges: Rehnquist, Burger, Stewart, White, Powell, Stevens, Blackmun, Brennan, Marshall

Read full opinion on CourtListener

Cited by

903 cases in this archive cite this case; the 20 most cited are listed.

Cites

43 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named United States v. Bailey

158 other CourtListener records share this case name; the 50 most cited are listed.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.