State v. Toscano case brief

State v. Toscano- D was named in a suit that alleged conspiracy to defraud an insurance company by filing false claims. D alleges that he owed money and thus was forced, under the threat of death or harm to him and his wife, to comply with L.

• Sup Ct of NJ is sympathetic to him is that right?
  • In Unger he had the remedy of telling the prison authority necessity b/c he is acting on his own behalf
  • In Toscano it is essential that for it to be duress the person putting you under duress asks you to commit the crime, acting on behalf of someone else
  • The fact that they could have reported incident doesn’t take away their claim
• Immediacy- if it is not homicide that you are asked to commit then it comes down to a question of immediacy