The state charged Larcen Inmatio with escape from prison. The court appointed the public defender to represent
Question:
The state charged Larcen Inmatio with escape from prison. The court appointed the public defender to represent him. You are assigned to investigate the case and report your findings to the public defender. Your investigation reveals that Inmatio was convicted of burglary of a dwelling and was serving the second year of a five-year sentence in the state prison. He complained to the warden that another inmate had sexually molested him and requested transfer to another prison or at least another cell block. After confirming that an inmate in Inmatio’s cell block had molested him on one occasion, the warden told Inmatio that he would place him in another cell block. During the next three days the warden took no action. On the fourth day, while Inmatio and other prisoners were on a work detail picking up trash from the roadside outside the prison, Inmatio left without permission and caught a ride to a nearby city where he obtained a construction job. He had no contact with the prison until two weeks later when the local police apprehended him and returned him to prison. Based on your investigation, do you think the public defender can successfully establish the defense of necessity on behalf of Inmatio?
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