Duress

Duress: ∆ was coerced by an imminent threat of death or serious bodily harm to commit the offense.

Elements (CL)

  • Threat of death or serious bodily harm to ∆ (or sometimes a close other).
  • Imminent threat—not future or speculative.
  • No reasonable alternative to commission of the offense (e.g., escape).
  • ∆ was not at fault in being placed in the coercive situation.
  • A person of reasonable firmness would have yielded.

Limits

  • NOT a defense to homicide at common law (the law will not condone taking innocent life to save one's own).
  • MPC § 2.09 is broader: defense available even to homicide if a person of reasonable firmness would have yielded.

Distinguished from Necessity

  • Duress: pressure from another person (human coercer).
  • Necessity: pressure from circumstances (storm, fire, accident).
  • Duress excuses; necessity justifies.

Cases: