State v. Crawford case brief summary
253 Kan. 629 (1993)
Defendant sought review of a decision of
the Shawnee District Court (Kansas), which convicted him of
aggravated robbery, aggravated battery, kidnapping, and aggravated
burglary. Defendant was sentenced to a controlling term of 60 years
to life in prison.
CASE FACTS At trial, a psychiatrist had testified
that defendant suffered from chronic drug dependence and use, chronic
depression, battered person syndrome and depression arising from it,
and an extremely dependent personality disorder. He was of the
opinion that defendant committed the crimes because defendant feared
his dealer. Defendant's dealer told him to commit crimes to pay for
his drug debt.
On appeal, defendant contended that the trial court's
instruction on his compulsion to commit the crimes was erroneous
under Kan. Stat. Ann. § 21-3209(1), which provided that a
person was not guilty of a crime by reason of conduct which he
performed under the compulsion or threat of the imminent infliction
of death or great bodily harm, if he reasonably believed that death
or great bodily harm would be inflicted upon him.
However, under §
21-3209(2), § 21-3209(1) was not applicable to one who
willfully placed himself in a situation in which it was probable that
he would be subjected to compulsion or threat.
The court held that §
21-3209(1) was not applicable to defendant because the required
element of an imminent threat was missing because defendant had the
opportunity to escape.
The court affirmed the decision of the trial court, which
convicted defendant. Recommended Supplements for Criminal Law
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