Discuss the similarities and differences between the defenses of duress and necessity

Question

What will be an ideal response?

Answer 1

• Duress and Necessity are often confused. Duress arises when one is not acting out of free will, but due to threats or force from another person. Being threatened with imminent death or great bodily harm may justify a non-violent criminal offense such as embezzlement or fraud. Duress may also be a defense when, for example, a person threatens to harm the accused's family members if the crime is not committed and the threat appears real and impending. Necessity arises when the "press of events" causes conduct for which there is no readily apparent alternative. Escape from prison is a prime example, where the accused is facing death, bodily harm, sexual assault, etc. and the threat is specific and imminent, such that reporting the threat to authorities will not prevent the attack. In such cases, the accused must notify authorities of his actions as soon as he reaches a position of safety.
• Both defenses involve committing criminal acts due to imminent threats, but Duress involves threats compelling the accused to commit a separate and unrelated crime to benefit the third party, while Necessity involves the accused being threatened directly with violence and having to violate the law to evade the immediate threat.