In criminal law, duress occurs when a person has been deprived of his free will by threat of violence or threat to personal liberty. A person acting under duress might not be held liable for the crimes he has committed. When a person raises a duress defense, the accused admits to committing the crime, but typically asserts that his actions should be excused due to the duress. A person may also raise a duress defense when force or violence is used to compel him to enter into a contract, or to discharge one.
Duress can be a defense to any crime except the intentional killing or attempted intentional killing of a person. While duress cannot be used as a defense to an intentional killing, it can be used as a defense to establish lack of premeditation for a first-degree murder charge.
A majority of states will not excuse homicide for reasons of duress. However, a minority of states will drop homicide to manslaughter for reasons of duress. Duress can be a defense to any crime except the intentional killing or attempted intentional killing of a person. While duress cannot be used as a defense to an intentional killing, it can be used as a defense to establish lack of premeditation for a first-degree murder charge.
A majority of modern courts allow people who have escaped from prison a duress defense if the escapee turns himself in to the police after escaping. If successful, the escapee won't be punished for escaping, but he will have to finish his sentence in another jail. For an escapee to claim duress he must show that:
Like explained above, duress cannot be used as a defense to certain crimes such as intentional killing or murder. Also, a defendant cannot use the defense of duress when the defendant committed the wrongful act because he or she placed himself or herself in that situation to begin with either through recklessness, negligence or some kind of fault.
If you are accused of committing a crime where you acted under duress you should contact a criminal defense lawyer immediately. A criminal defense lawyer can help you mount an effective duress defense against the charges you are facing.
Last Modified: 12-19-2016 02:33 PM PSTLaw Library Disclaimer
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