People v. Unger
Citation
66 Ill.2d 333 (1977)
Facts
Unger escaped from a minimum-security prison after being threatened with death, physically assaulted, and sexually assaulted by other inmates; he claimed he had no choice but to flee to protect himself from continuing harm.
Issue
Whether necessity and duress are available as defenses to prison escape charges when the defendant faced ongoing threats of serious harm from other inmates.
Holding
The Illinois Supreme Court held that Unger was entitled to have the necessity and duress defenses submitted to the jury, reversing the trial court’s refusal to give those instructions.
Rule
Necessity and duress can be available defenses to escape charges when the prisoner faces a specific, immediate threat of death or serious bodily harm with no time to seek legal alternatives; the defendant should also show he turned himself in after reaching safety.