Duress Flashcards
1
Q
Duress
A
Threat of death or really serious harm from someone coercing D to commit a crime.
Circumstance - any source Human or not.
Can’t be used for murder.
2
Q
Hasan
A
Must be a threat to the defendant or to immediate family/person responsible for.
3
Q
Roger
A
External factors only. Suicidal feelings = internal.
4
Q
Graham
A
Two stage test:
1) did they act the way they did because they feared death/personal injury?
2) would sober person of reasonable firmness, with the same characteristics of the defendant have acted the same?
