Describe the four elements of the defense of duress. Explain how, depending on the requirements of different states, a defendant may or may not be able to use the defense of duress based on these four elements

Question

What will be an ideal response?

Answer 1

The four elements in the defense of duress include the nature of the threat, the immediacy of the threat, the crimes the defense applies to, and the level of belief regarding the threat. Problems with using the defense of duress relate to the different requirements of different states regarding the four elements. Nature of the threat: Death threats are required in some states. Threats of "serious bodily injury" qualify in several. Others don't specify what threats qualify. Immediacy of the threats: In some states, the harm has to be "instant.". In others, "imminent" harm is required. In Louisiana, duress is an excuse only if the defendant reasonably believed the person making the threats would "immediately carry out the threats if the crime were not committed.". Crimes the defense applies to: in the majority of states, duress isn't a defense to murder. In other states, it's a defense to all crimes. Some states are silent on the point. Level of belief regarding the threat: Most states require a reasonable belief the threat is real. Others demand the threat actually be real. Some say nothing on the point.