Also known as:flies for it · flew for it · flown for it · flying for it · flight from justice · flee
Written by attorneys · grounded in primary & secondary sources — see below
An ancient custom in criminal trials of asking the jury after its verdict, even a not-guilty verdict, whether the defendant had fled after allegedly committing a crime. An affirmative finding permitted forfeiture of the defendant's personal property.
Sources & Authorities· 2 primary sources
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Federal Rules
Dictionaries
How it applies
Common Examples
6
Interstate Flight Prompts Extradition Demand
Fabian Flynn was tried for felony in State A. After the jury returned a not-guilty verdict the court invoked the ancient custom and asked whether Flynn had flown for it. The jury found he had fled and ordered forfeiture of his personal property.
Vehicle Search After Flight From Scene
Forrest Falconer stood trial after allegedly committing a crime. Following the verdict the court asked the jury whether Falconer had flown for it. An affirmative answer resulted in forfeiture of his personal property.
Fatima Flores was tried for burglary. After the verdict the court directed the jury to decide whether she had flown for it. The jury's finding of flight triggered forfeiture of her personal property.
Tennessee v. Garner471 U.S. 1, 105 S.Ct. 1694, 85 L.Ed.2d 1 (1985)
Impeachment Ruling After Flight Evidence
Felicity French faced trial after allegedly fleeing the jurisdiction. Post-verdict the court asked the jury whether French had flown for it. The jury found flight and ordered forfeiture of her personal property.
Luce v. United States469 U.S. 38 (1984)
Fruit Of Flight Leads To Suppression
Floyd Franklin was tried for an offense. After verdict the court invoked the ancient custom and asked whether Franklin had flown for it. The jury answered yes and forfeited his personal property.
Wong Sun v. United States371 U.S. 471 (1963)
Statements Obtained After Flight And Arrest
Francois Fortier stood trial after allegedly committing a crime. Following the verdict the court asked the jury whether Fortier had flown for it. An affirmative finding caused forfeiture of his personal property.
Maine v. Moulton474 U.S. 159 (1985)
Common questions
Frequently Asked
3
What was the purpose of asking the jury whether the defendant flew for it?+
The inquiry allowed the jury to determine whether the defendant had fled from justice even after a not-guilty verdict. An affirmative finding resulted in forfeiture of the defendant's personal property.
Supporting sources
Did a not-guilty verdict prevent forfeiture if the defendant had fled?+
No. The ancient custom permitted the jury to find flight and order forfeiture of personal property regardless of the verdict on the underlying charge.
Supporting sources
Was the flight inquiry limited to guilty verdicts?+
No. The practice expressly applied after any verdict, including not-guilty verdicts, to decide the separate question of forfeiture based on flight.
Supporting sources
471 U.S. 1, 105 S. Ct. 1694, 85 L. Ed. 2d 1 (1985)Criminal Procedure
…to Police Department policy. The statute provides that "[i]f, after notice of the intention to arrest the defendant, he either flee or forcibly resist, the officer may use all the necessary means to effect the arrest." Tenn. Code Ann. § 40-7-108 (1982).[^maj-5] The Department policy was slightly more restrictive than…