19. Excuse: Duress

Question 1

Excuse: Duress

Answer 1

• 1. Threat of immediate infliction on the defendant [or family member or any 3rd party] of death or grievous bodily harm
• 2. Defendant has well-grounded fear that the threat will be carried out (reasonableness requirement)
• 3. No reasonable opportunity to otherwise avert the threatened harm
• 4. Defendant did not recklessly/negligently place herself in situation where it was probable she’d be coerced (cannot create the excusing conditions, responsible if you create the conditions that lead to your excuse)

Question 2

Williams v. State

Answer 2

– voluntarily became involved in drug organization, convicted for attempted robbery when he and others threatened man with a gun and searched his home for money and dope (duress defense not available to him)

Question 3

US v. Haney

Answer 3

• Haney prosecuted as an accessory, help Francis commit a crime
• Francis was threatened after Americas Most Wanted said he was a leader of the Aryan brotherhood, wanted to escape, then decided they would get caught trying to escape so they’d be segregated without having to report, caught and charged with possession of escape paraphernalia and attempted escape
• Extends duress defense to third parties, does not limit to families

Question 4

Immanency or immediacy

Answer 4

• Common law requirement of threat of imminent harm
• MPC – immediacy of danger is one of circumstances to be considered in determining whether the threatened use of force was such that person of reasonable firmness would have been unable to resist

Question 5

State v Toscano

Answer 5

chiropractor who signed false report to protect family, threatened, did not call police, moved – allowed duress claim to go to jury despite the fact that threat was not imminent and impending (longer period of time)