VT · jury_instructions
Vermont Model Criminal Jury Instructions CR28-187
ESCAPE BY FAILING TO RETURN FROM FURLOUGH – 13 V.S.A. § 1501(b)(1)(B)
The State has charged (Def)_______________ with escape by failing to return from furlough, as follows:
[Read the charge.]
Every crime is made up of essential elements. Before (Def)_______________ can be found guilty of the charge, the State must have proven each of the essential elements beyond a reasonable doubt. In this case, the essential elements are that on the date and at the place alleged,
(1) (Def)_______________;
(2) was in lawful custody of the Vermont Department of Corrections;
(3) the Department of Corrections issued a furlough order, allowing (Def)_______________ to leave the correctional facility by extending the limits of [his] [her] confinement, subject to certain conditions that [he] [she] has agreed to; and
(4) [he] [she] violated the conditions of [his] [her] furlough by [failing to return to the correctional facility at the specified time] [visiting places other than those specified in the furlough order].
The first essential element is that (Def)_______________ is the person who committed the alleged acts.
The second essential element is that (Def)_______________ was in lawful custody of the Vermont Department of Corrections. Lawful custody means that (Def)_______________ was deprived of [his] [her] freedom through a court order.
The third essential element is that the Department of Corrections issued a furlough order, allowing (Def)_______________ to leave the correctional facility by extending the limits of [his] [her] confinement, subject to certain conditions that [he] [she] has agreed to.
The last essential element is that (Def)_______________ violated the conditions of [his] [her] furlough by [failing to return to the correctional facility at the specified time] [visiting places other than those specified in the furlough order].
Here the State alleges that (Def)_______________ [failed to return to the correctional facility by _______________, which was the time specified in the furlough order] [visited _______________, which was beyond the bounds of the places specified in the furlough order].
If the State has not proven each of the essential elements of the charge beyond a reasonable doubt, then you must find (Def)_______________ not guilty. However, if the State has proven all of the essential elements beyond a reasonable doubt, you must return a verdict of guilty.
History
Vermont Model Criminal Jury Instructions CR28-187 (01/31/23). 13 V.S.A. § 1501(b)(1)(B). Prepared by the Vermont Model Criminal Jury Instructions committee; published on vtjuryinstructions.org, sponsored by the Vermont Bar Association. The committee states that the instructions have not been approved by the Vermont Supreme Court.
Provenance
- Source
- vtjuryinstructions.org
- Retrieved
- 2026-09-25
- Edition
- 2026-09-25
- Content hash
38328208ef5749d355489e29e0c31d036abaf3110c9b04f3485593c62903746c
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