Sixth Circuit Discusses What Makes A Jail Escape A “Crime of Violence”

The case of  U.S. v. Benji Antonio Stout, involved one man’s escape from prison and how that escape should be classified with regard to a subsequent criminal prosecution. The man, Benji Antonio Stout, was charged with knowingly possessing body armor after having previously been convicted of a crime of violence. The previous crime of violence conviction was Stout’s earlier charge of second-degree escape, a conviction he earned from escaping a county jail. During the escape, Stout climbed a wall in the recreation area of the jail and then crawled through a hole in the top of the fence.

Stout and his attorneys argued that the prior conviction did not involve a crime of violence and asked the lower court for a hearing on the matter. The lower court concluded that his escape was a crime of violence given that his escape was purposeful and aggressive and that it created a substantial risk that he would need to use physical force against either guards or members of the public who encountered him during the escape. The fact that he never used such physical force was immaterial.

Stout then appealed the case, claiming essentially the same thing. The Sixth Circuit agreed with the decision of the lower court, holding that the escape amounted to a crime of violence. In its ruling, the Court walked through Kentucky’s statutes dealing with the subject of second-degree escape and determined that the type of escape at issue in this case involved “an escape by leaving custody in a secured setting.” This variety of escape involves a purposeful act and requires stealth and presents the possibility of both detection and ensuing confrontation.

The Sixth Circuit said that 18 U.S.C. Section 16(b) makes clear that a crime of violence includes any that involves a substantial risk that physical force may be used in the course of committing the offense. Under this definition, the Court says it is clear that the Stout’s escape meets the standard and should be properly deemed a crime of violence. As a result, his conviction and sentence were upheld.

In an interesting dissent, Judge Bernice Donald argued that unlike the famous prison escapes mentioned in The Count of Monte Cristo or The Shawshank Redemption, which Donald agrees would qualify as crimes of violence, Stout’s escape was achieved by merely climbing over a wall and crawling through a hole that he was not responsible for creating. Given that Stout never harmed anyone or any property in his escape, Judge Donald believes it is clear that his escape should not be labeled a crime of violence.

To read the full opinion, click here.

See Our Related Blog Posts:

Sentencing Friday For Amish Beard Cutting Case Then To Sixth Circuit

Sixth Circuit Says For Sentencing Purposes “Relevant Conduct” Must Be Criminal Conduct

State v. Bise: New Standard of Appellate Review of Sentencing Decisions

By Stevie Phillips

In a unanimous Tennessee Supreme Court opinion handed down on September 26, Chief Justice Wade outlines the historical development of state and federal sentencing guidelines.

In short, he observes that the 2005 amendments to Tennessee's 1989 Sentencing Act were passed for the purpose of bringing our sentencing scheme in line with United States Supreme Court sentencing decisions, namely Apprendi and its progeny.  This is the first time since the passage of those amendments that the Tennessee Supreme Court has had an opportunity to address the effect of those Supreme Court decisions on Tennessee's standard of appellate review. 

In the view of the Court, the effect is that "de novo appellate review and the 'presumption of correctness' [has] ceased to be relevant.  Instead, sentences imposed by the trial court within the appropriate statutory range are to be reviewed under an abuse of discretion standard with a 'presumption of reasonableness.'"

You can read the full opinion here. 

Tennessee Stats concerning for Domestic Violence

October is observed as Domestic Violence Awareness Month nationwide and according to a recent study, Tennesseans need to be more aware. A new study by the Violence Policy Center found Tennessee ranks fifth in the country when it comes to the number of women being murdered by men in domestic violence situations.

Domestic violence charges can result from a number of instances including domestic abuse, spousal abuse, battery, emotional abuse, economic deprivation, child abuse, sexual assault, and stalking. There are many serious charges that can result from a misunderstanding or from an unfortunate escalation of emotions during an argument.

The penalties for a domestic violence charge in Tennessee can be life altering. Domestic assault is a Class A Misdemeanor, meaning it carries a maximum jail sentence is 11 months 29 days in jail and a maximum fine of $200. It is common for domestic abuse convictions to result in restraining orders, loss of child custody rights, criminal penalties, fines, and a tarnished reputation. Along with jail time, a conviction will also carry supervised probation. The probation will last for 11 months 29 days, although shorter probation periods are up to the discretion of the judge or prosecutor. As part of the conditions of probation, the defendant will be subject to regular and random drug screens and have to pay probation fees and court costs on schedule, which can be as much as $100 per month.

With a domestic assault conviction, the defendant has a prohibition on owning or possessing any firearms, including hunting rifles. If you are employed as a police officer, security guard or other profession where you must carry a firearm, a conviction can thus mean a loss of employment. It may prevent you from getting a job or an apartment.

The state has attempted to reduce the numbers of domestic violence incidents but experts say a common strategy employed elsewhere, merely increasing jail time for perpetrators, will be difficult to institute in Tennessee. Increased jail time supposedly helps because research shows that the perpetrator, once released, goes out and finds another victim and the cycle begins anew. The problem with increasing sentences here is that the state is already spending millions holding existing criminals in overcrowded prisons and cannot afford the millions more it would take to substantially increase domestic violence sentences.

Source: “Is Southern Culture Behind Domestic Violence Increase?,” published at NewsChannel5.com.

See Our Related Blog Posts:
Governor Haslam Seeks to Stiffen Domestic Violence Penalties in Tennessee
Tennessee’s New Expungement Statute Goes into Effect July 1