Duress by circumstance Flashcards

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1
Q

What is duress by circumstance

A

The defendant finds himself in a circumstance that is so intimidating he is forced to act

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2
Q

What case would you use for the definition of duress by circumstance

A

Willer

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3
Q

What crimes can you use duress by circumstance for

A

All crimes except those including murder, attempted murder or assisting with murder

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4
Q

What case confirmed what crimes you can use duress by circumstance for

A

Pommell

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5
Q

In what circumstance would you say duress by circumstance could be used

A

D reasonably believed he had good cause to fear death or serious injury and a sober and reasonable man, sharing some of Ds characteristics, would have acted in the same way

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6
Q

What case would you use for the sober and reasonable man for duress by circumstance

A

Abdul-Hussain

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