Legal Definitions - fly for it

Fly for it is a historical legal term referring to the act of fleeing or escaping after being accused of committing a crime.

In ancient legal systems, particularly in English common law, a jury would be asked whether a defendant had "flown for it" – meaning, had they attempted to escape justice – even if they were found not guilty of the primary offense. If the jury determined that the defendant had indeed fled, they would face a separate penalty, typically the forfeiture of their personal property, regardless of the verdict on the original charge. This practice reflected a belief that flight itself indicated a consciousness of guilt or an attempt to evade legal process, warranting a consequence.

Here are some examples illustrating this historical concept:

• Example 1: Suspected Theft

  Imagine a medieval village where a merchant's stall is robbed. The primary suspect, a local wanderer named Thomas, immediately disappears from the village and cannot be found for weeks. When he is eventually apprehended and brought to trial, the jury considers the theft charge. Even if they ultimately find Thomas not guilty of the robbery due to insufficient evidence, they would still be asked, "Did he fly for it?" If the jury concludes that Thomas's sudden disappearance was an attempt to evade justice for the suspected crime, he could still lose his meager possessions, such as his tools or clothing, as a penalty for his flight.

  This example illustrates "flying for it" because Thomas's immediate disappearance after being suspected of the robbery constitutes an attempt to evade legal proceedings. Historically, this flight, regardless of his guilt on the theft charge, would lead to the forfeiture of his property.

• Example 2: Accusation of Assault

  A heated argument at a tavern escalates into a physical altercation, and one patron, Robert, is accused of seriously injuring another. Before the local constable can question him, Robert quickly packs his belongings and leaves town, traveling to a distant county to avoid arrest. Months later, he is located and brought back for trial. The jury might deliberate on the assault charge. Even if they decide there wasn't enough proof to convict Robert of the assault, they would still consider whether he "flew for it." If they agree that his hasty departure was an attempt to escape legal proceedings, Robert would historically forfeit any personal property he owned, such as his land or livestock, even if acquitted of the assault itself.

  Robert's act of leaving town to avoid questioning and arrest after the alleged assault is an instance of "flying for it." This historical legal concept meant that his flight alone could result in the loss of his personal assets, separate from the verdict on the assault charge.

• Example 3: Grave Accusation

  In a historical context, a prominent landowner, Lady Eleanor, is accused of witchcraft – a grave charge. Fearing for her life and reputation, she secretly arranges to hide in a remote monastery, hoping the accusations will fade. When authorities discover her hiding place and bring her to trial, the court first addresses the witchcraft charge. Even if the jury, after careful deliberation, finds her not guilty of witchcraft, they would then be prompted to consider, "Did she fly for it?" If they determine that her secret retreat was an intentional evasion of justice for the accusation, Lady Eleanor could historically face the forfeiture of her personal belongings, such as jewels, clothing, or other movable property, despite being cleared of the primary charge.

  Lady Eleanor's act of going into hiding after being accused of witchcraft demonstrates "flying for it." Historically, this flight, even if she was later acquitted of the witchcraft charge, could lead to the forfeiture of her personal property as a penalty for attempting to evade the legal process.