CRM/LAW C144 Chapter Notes - Chapter PEOPLE V UNGER: Prison Escape, Affirmative Defense, Reversible Error
20 Jun 2017
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Underlying facts, the actual crime that took place. At the time of the present offense, the defendant was confined at the illinois state. As mentioned, defendant was apprehended two days later still dressed in his prison clothes. The conviction was reversed upon appeal and the cause was remanded for a new trial. Supreme court of illinois granted leave to appeal and now affirm the judgment of the appellate court. In people v. harmon (1974), the defense of duress was held to apply in a case where the defendant alleged that he escaped to avoid repeated homosexual attacks from fellow inmates. The defendant"s testimony was clearly sufficient to raise the affirmative defense of necessity as defined by statute (iii rev. He also testified that he was physically incapable of defending himself and that he feared greater harm would result from a report to the authorities.
