Bar Exam (US) Criminal Law: Sec. 1212—Failure to Return to Prison On January 1, 1999, federal pr...

Question

Sec. 1212-Failure to Return to Prison

On January 1, 1999, federal prisoner Howe is temporarily released for mercy purposes and is told to report back to prison at 1:00 P.M. on January 4, 1999. After visiting his wife who has just given birth to their second child, Howe stops at a tavern to have a drink to celebrate two hours before his prescribed time of return. A hold-up of the tavern occurs, and Howe is shot and rushed to a hospital. After being treated for his gunshot wounds, Howe is returned to prison three days later.

AnswerChoose the correct answer.Choose all that apply. Correct Partially correct Incorrect Don't Know

  1. A
    Correct Answer
    Any prisoner temporarily released who fails to return to his designated place of confinement at the prescribed time is guilty of a misdemeanor (punishable by one year in jail).
  2. B
    Correct Answer
    Any prisoner temporarily released who willfully fails to return to his designated place of confinement at the prescribed time is guilty of a felony of the third degree (punishable by three years, imprisonment).
  3. C
    Correct Answer
    Any prisoner temporarily released who willfully fails to return to his designated place of confinement at the prescribed time and remains out of federal custody for more than 14 days beyond the prescribed time of his return is guilty of a felony of the second degree (punishable by six years' imprisonment).
  4. D
    Correct Answer
    Any prisoner temporarily released who willfully fails to return to his designated place of confinement beyond the prescribed time of his return and commits a serious felony while released is guilty of a felony of the first degree (punishable by 10 years' imprisonment).
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