Like Father, Like Son, in Chicago No Less

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Important note: Information in this article was accurate in 1994. The state of the art may have changed since the publication date.

Like Father, Like Son, in Chicago No Less

National Law Journal (12/19/94) Vol. 17, No. 16, P. A12

AIDS activists John Stuen-Parker, founder of the National AIDS Brigade, and Andrew Hoffman, son of the late 1960s radical Abbie Hoffman, were tried in early December in a Chicago court for exchanging intravenous (IV) drug addicts needles. Hoffman and Stuen-Parker are trying to change the laws that outlaw possession of hypodermic syringes without a pre ion, claiming that the existing programs are not reaching enough IV drug users fast enough. Although the two activists had planned to argue necessity as a defense for exchanging sterile syringes for addicts' contaminated ones, Cook County Circuit Judge William P. O'Malley reversed a previous decision that necessity could be argued before a jury. Illinois law states that a legal necessity exists and justifies breaking the law when a defendant is "without blame in occasioning or developing the situation and reasonably believed" that his or her conduct is necessary to avoid an even greater public or private injury. Before announcing the activists' acquittal, O'Malley explained, "The defense should know--emotionally, philosophically, and intellectually--I agree, but the law is such."

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