Simple English definitions for legal terms
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Actual escape is when someone breaks free from confinement or legal custody without permission. It is a criminal offense and can result in punishment. This is different from constructive escape, which is when a prisoner gains more freedom than allowed but is not fully free, and negligent escape, which is when a peace officer allows a prisoner to escape due to negligence.
Definition: Actual escape refers to the act of breaking free from confinement, restraint, or an obligation without legal permission. It can also refer to an unlawful departure from legal custody without the use of force.
Example: If a prisoner manages to escape from jail by breaking through the walls or overpowering the guards, it is considered an actual escape.
This definition is important in the legal system because it helps to distinguish between lawful and unlawful departures from custody. Actual escape is a serious offense and can result in additional charges and penalties for the individual who committed it.