Durress

Question 1

Elements of Duress (CL)

Answer 1

1. another threatened to kill/greviously injure the actor or another, unless actor committed the crime; except murder
2. actor reasonable believed the threat was genuine
3. threat was present, imminent, and impending at the time of the crime
4. no reasonable escape from threat, except through compliance
5. actor not at fault in exposing himself to the threat

not a defense to intentional killing under cl

Question 2

Duress (MPC)

Answer 2

1. actor was compelled to commit the offense by use or threatened use of unlawful force by the coercer upon actor or another person
2. a person of reasonable fitness in the actor’s situation would have been unable to resist

unavailable, if actor recklessly places himself in a situation where coercion is likely

Question 3

MPC difference to CL

Answer 3

• no imminence requirement
• no requirement as to severity of threat
• does not exclude application of duress to murder
• broader

Question 4

Duress v. Necessity

Answer 4

necessity:
1. justification defense
2. triggering conditions caused by natural force or human force
3. free will is exercised to achieve greater good or lesser evil

duress
1. excuse defense
2. triggering conditions caused by human force only
3. free will is overcome by an outside force