T. Markus Funk, PhD (University of Colorado School of Law; University of Oxford) has posted Decriminalizing 'Mere' Walkaway Prison Escapes Is a Mistake ((Forthcoming) Oxford U Comparative L Forum 2) on SSRN. Here is the abstract:
The United States is a country grappling with criminal justice reform efforts, many of which are sensible, morally compelled, and overdue. But it would be a mistake to accept the invitation to follow the examples of countries like Germany, Switzerland, Mexico, The Netherlands, and Austria which do not outlaw non-violent prisoner escapes.
This article argues that a well-run, democratic system of justice should not permit the subjective desire for freedom that motivated hardened lawbreakers to escape their prisons (and, thus, lawfully imposed punishment) to trump the justice system’s need to ensure that convicts serve their sentences and society is protected. Whether viewed from a public policy, penology, or moral theory perspective, one searches in vain for a sound reason justifying giving escaped prisoners a pass while expecting restraint and self-control from the rest of us.
