A legal prison is the building designated by law, or used by the sheriff, for the confinement, or detention of those whose persons are judicially ordered to be kept in custody. But in cases of necessity, the sheriff may make his own house, or any other place, a prison. An illegal prison is one not authorized by law, but established by private authority; when the confinement is … [Read more...]

The act by which a prisoner, by force and violence, escapes from a place where he is lawfully in custody. This is an offence at common law. 2. To constitute this offence, there must be, 1. A lawful commitment of the prisoner; vide Regular and Irregular process. 2. An actual breach with force and violence of the prison, by the prisoner himself or by others with his privity and … [Read more...]

The English statute 1 Edw. II. St 2, (in Rev. St 23 Edw. I.,) a still unrepealed statute, whereby it is felony for a felon to break prison, but misdemeanor only for a misdemeanant to do so. 1 Hale, P. 0. 612. … [Read more...]

One held in confinement against his will. 2. Prisoners are of two kinds, those lawfully confined, and those unlawfully imprisoned. 3. Lawful prisoners are either prisoners charged with crimes, or for a civil liability. Those charged with crimes are either persons accused and not tried, and these are considered innocent, and are therefore entitled to be treated with as little … [Read more...]

One who has been captured while fighting under the banner of some state. He is a prisoner, although never confined in a prison. 2. In modern times, prisoners are treated with more humanity than formerly; the individual captor has now no personal right to his prisoner. Prisoners are under the superintendence of the government, and they are now frequently exchanged. 3. It is a … [Read more...]