Criminal Nuggets...

Kane County State's Attorney Podcast

Self Defense & Necessity Defense Can Be Raised Against A UUW Charge

December 3, 2018 By Arthur McGibbons

People v. Crowder, 2018 IL App (1st) 161226 (November). Episode 564 (Duration 9:49)

Convict grabs his dad’s gun when 3 big dudes start punching them. [Read more…]

Filed Under: Necessity Defense

Fundamental Fairness And The Necessity Defense Save Defendant 3 Years

December 19, 2017 By Arthur McGibbons

People v. Gullens, 2017 IL App (3d) 160668 (October). Episode 429 (Duration 11:50)

Fundamental fairness demands that this defendant be allowed to finish his conditional discharge rather than go to prison for possessing a gun for only 10 minutes. [Read more…]

Filed Under: Necessity Defense

In A Compulsion Defense The Potential Harm Has To Be Imminent

July 22, 2016 By Arthur McGibbons

People v. Collins, 2016 IL App (1st) 143422 (June). Episode 204 (Duration 5:31)

Assuming the codefendant (who was the shooter) was a really bad dude and did threaten the defendant, exactly how imminent does the potential harm have to be? [Read more…]

Filed Under: Necessity Defense

Can You Possess A Shank In Prison If You Can Prove Your in Danger?

July 6, 2016 By Arthur McGibbons

People v. Boston, 2016 IL App (1st) 133497 (May). Episode 192 (Duration 5:42)

Was it error for trial court to deny defendant the necessity instruction for possessing a shank in jail when he could prove he was stabbed and in danger? [Read more…]

Filed Under: Necessity Defense

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