CB People v. Blake - Defendant was discovered in the attic...

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People v. Blake 522 N.E 2d 822 (1988) Fact: Operative Facts: Defendant was drinking and smoking with two others, throughout the day, and went to a party. After the party, they were going home when the two men walked past a home, and started to jump a fence. The defendant stated he wanted to leave, and one of the men, Willie, pointed a gun at him and told him to jump over. After going over the fence, the other two went and broke into the home as the defendant was told to stay outside. He heard a woman scream and one of the burglars came back outside and threaten to shoot one of the women if he left. After the burglar started ransacking the home, they gave it to Willie and told him to help him carry the items, unless they wanna see the women die. He did so, and police arrived. He hide and the other two men made a run for it. One shot at the police and eventually died, and the other got caught.
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Unformatted text preview: Defendant was discovered in the attic hiding because he didnt want to get shot. Issue: Whether the court erred in giving only the defense of compulsion, which they modified to include the concept of threat against another person, and should have given instead a threat of necessity Rule: Necessity allows the defendant off the hook because he had to choose between two evils, and had chosen the less of the two evils. Rational: Assuming the jury believes the testimony of the defendant, necessity and compulsion are slightly different in the fact that compulsion, the need to prove an imminent infliction of death or great bodily harm to another person, when necessity is just to avoid a injury greater than the injury which might result from his own conduct. Necessity would be more fitting for this situation. Holding: Reversed and remanded. Synthesis: Dissent/Concurrences:...
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This note was uploaded on 10/18/2011 for the course CRIM LAW 110 taught by Professor Wade during the Spring '11 term at California Western School of Law.

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