MBE Rules · Criminal Law
Duress
The rule
A defense if (1) defendant was compelled by another's threat of imminent death or serious bodily harm to self or family, (2) the threat would have induced a reasonable person to commit the crime. NOT a defense to intentional homicide. MPC requires only a threat that a person of reasonable firmness would have succumbed.
In plain English
Duress can excuse a crime if someone is forced to do it because they or their family are threatened with serious harm. It doesn't work if the crime is murder.
Worked example
The defendant robs a store because a gang threatens to harm their child if they don't. This could be a duress defense, but if they were forced to kill someone, it wouldn't apply.
Memory hook
Duress: death threat dilemma. Forced by threat of death or harm, but never for murder.
The trap
Students think: Duress can justify any crime. Wrong, because it never justifies intentional homicide. The actual test is threat of imminent death or serious harm.
How examiners test it
Common setup: defendant commits crime under threat. Trap: assuming duress is a defense to murder. Watch for facts showing intentional homicide; duress won't apply.
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