Cindy’s daughter has been kidnapped. The kidnappers have demanded that Cindy transport cocaine from an anonymous dealer to a buyer. After the buyer hands her the money, she is to shoot the buyer and take back the cocaine. Once she hands over the drugs and money to the kidnappers, they will return her daughter. Cindy is not to contact the police and as a warning, the kidnappers have already sent Cindy her daughter’s ear. After Cindy has killed the buyer, she is arrested for murder. At her trial, Cindy invokes the duress defense. Would Cindy be successful? Why or why not? Apply the elements of duress to the case and come to a conclusion.

Question

What will be an ideal response?

Answer 1

Students must analyze the case by applying the following elements: (1) The defendant’s actions are to be judged with a reasonable person standard – would a reasonable person, under the same circumstances, react the same way Cindy did?; (2) There must be a threat of death or serious bodily harm – was there a threat of death or serious bodily harm facing Cindy and/or her daughter?; (3) Duress does not excuse the intentional taking of the life of another – Cindy shoots the buyer; (4) The threat must be immediate and imminent – was the threat facing Cindy and/or her daughter imminent? There must be a discussion on the severed ear; (5) The defendant must not create or assist in creating the circumstances leading to the claim of duress; (6) The defendant must have exhausted all available legal alternatives. It is extremely difficult to claim duress under the circumstances because Cindy took a life and there were multiple legal alternatives such as getting law enforcement involved.