Reference no: EM133584982

Assignment:

The fact of the case are as follows.

Cheeka, age 24, Tom, a juvenile, and Latisha, age 21, have committed robberies and burglaries together in the past. All three drive in a pickup truck to the home of Robert Smith, age 65, who lived in an isolated wooded area. Cheeka and Tom gained entrance to Robert's house by requesting use of his telephone to summon a tow for their pickup truck. Latisha, who was known to Robert, waited out of sight in the pickup truck so she would not be recognized by Robert. Tom carried a double-barreled sawed-off shotgun. Once inside of Robert's house, Cheeka yanked the phone off the wall, while Tom tied up Robert and robbed him of a small amount of cash and some inexpensive jewelry. Robert feared that, since he was tied up and without a telephone in an isolated area, no one would find him. Cheeka reassured him that he would inform the authorities of his situation but never did so. Tom put the shotgun on a table near Cheeka when he was tying up Robert.

After Cheeka, Tom, and Latisha left, Robert untied himself and called police. Cheeka, Tom and Latisha were arrested the next day. Cheeka claimed he was acting under duress when he participated in the robbery of Robert because Tom had a shotgun. Robert testified that Cheeka seemed to be in charge during the robbery. Tom testified that it was Robert's idea to commit the robbery. The case is tried in front of a judge.

You are the judge. Answer the following questions:

1. As the judge in the case, what three things must you find in law to believe that Cheeka was acting under duress when he committed the robbery of Robert.

2. As the judge in the case, was Cheeka under duress during the robbery of Robert. Explain the how and why (Provide facts) of your decision in the case.