Duress Necessity

Question 1

elements/duress

Answer 1

1. The D
2. performed an otherwise criminal act
3. other than murder
4. as a consequence of another threat
5. of the imminent
6. infliction of death or great bodily harm
   which harm he reasonably believes will be inflicted
7. on himself his spouse or his child if he does not perform the criminal conduct

Question 2

Modification of rule for prison break

Answer 2

immediately report escape once in a safe place

Question 3

Necessity elements / Justification

Answer 3

1. is without blame in bringing about the situations
2. reasonably believes
   3, that the conduct was necessary
3. to avoid a greater public or private injury

Question 4

choice of evils

Answer 4

Contrast the Archer case with People v. Krizka, 416 N.E.2d 36 (Ill.App. Ct. 1981) (rejecting necessity defense for trespass toabortion clinic) (holding that the injury to be prevented mustbe “a legally recognized injury”).

 Gerlach: Why was the harm caused “disproportionate to the harm avoided”?

 Tate: No necessity defense b/c the legislature had already done the balancing in the scenario defendant faced.
 Blake (Ill. App.): Enough evidence for both duress/compulsion and necessity instructions. Why does defendant want both instructions?

Question 5

Gerlach

Answer 5

Why was harmed caused disproportionate to the harm avoided

Question 6

Tate

Answer 6

No necessity defense because the legislature had already done the balancing in the scenario defendant faced

Question 7

Blake

Answer 7

enough evidence for both duress/ compulsion and necessity instructions. why does defendant want both instructions?

Question 8

Examples

Answer 8

Does the Illinois rule in Carradine seem overly harsh compared to the modified rule in Toscano (NJ)?
 Modification of rule for prison breaks:
 immediately report escape once in a safe location
 See People v. Unger, 362 N.E.2d 319 (Ill. 1977).

Imminence:
 gun-to-the-head immediacy is not required but
 threatened future injury will not suffice