Duress

Question 1

What is duress in legal terms?

Answer 1

Duress provides a defense if the defendant committed the offense as a result of a person’s unlawful threat that caused the defendant to reasonably believe that committing the offense was necessary to avoid imminent death or serious bodily injury of the defendant or another person.

Question 2

What is the standard for reasonable belief in duress?

Answer 2

The defendant’s subjective belief as to the balancing of harms does not control; it is measured by an objective standard.

Question 3

What does the conduct necessary for duress entail?

Answer 3

Duress does not provide a defense if the harm the defendant faces is avoidable by a reasonable alternative course of action.

Question 4

Is duress a defense against homicide?

Answer 4

In mostly common law jurisdictions, duress is not a defense against homicide.

Question 5

What type of threat is required for a duress defense?

Answer 5

Duress requires a human threat; it does not apply when the threat is natural.