People v. Unger

In People v. Unger, 362 N.E.2d 319, 322 (Ill. 1977), the Supreme Court of Illinois was called upon to decide whether a criminal defendant who claimed that he had escaped from a prison honor farm to avoid repeated homosexual attacks from fellow inmates was entitled to instructions on the defenses of compulsion, the Illinois equivalent of the duress defense, and necessity. After surveying the literature and case law available on the law of compulsion and necessity as applied to prison escape situations, the supreme court noted that "the defense of compulsion generally requires an impending, imminent threat of great bodily harm together with a demand that the person perform the specific criminal act for which he or she is eventually charged." Additionally, "where the defense of compulsion is successfully asserted the coercing party is guilty of the crime." 362 N.E.2d at 322. The court then concluded that with respect to prison escapes induced by fear of homosexual assaults and accompanying physical reprisals, the applicable defense is necessity and not compulsion. Id. The court reasoned as follows: In a very real sense, the defendant here was not deprived of his free will by the threat of imminent physical harm which . . . appears to be the intended interpretation of the defense of compulsion as set out in section 7-11 of the Criminal Code. Rather, if defendant's testimony is believed, he was forced to choose between two admitted evils by the situation which arose from actual and threatened homosexual assaults and fears of reprisal. Though the defense of compulsion would be applicable in the unlikely event that a prisoner was coerced by the threat of imminent physical harm to perform the specific act of escape, no such situation is involved in the present appeal. Id.