For duress to qualify as a defense,
four requirements must be met: The threat must be of serious bodily harm
or death. The threatened harm must be greater than the harm caused by
the crime. The threat must be immediate and inescapable.( en.wikipedia.org/wiki/Duress)
"Duress as a concept generally means that there is some unlawful threat or coercion against someone such that that person loses his free will to act.
a matter of policy, duress is not applicable in serious crimes because
we never want to be able to say that the duress can be so great that it
would cause you to murder someone or rape
someone. Murder and rape are such heinous crimes that regardless of
what pressure is on you, you should always be able to retain your free
will not to murder or rape." (http://www.justanswer.com/criminal-law/15kpx-defense-duress-inapplicable-cases.html)
Hope this helps!
Apr 17th, 2015
Did you know? You can earn $20 for every friend you invite to Studypool!