Duress requires forced to commit a crime due to threat of imminent death or serious bodily injury to self or a close family member. Is duress a defense to homicide?

Duress requires forced to commit a crime due to threat of imminent death or serious bodily injury to self or a close family member. Is duress a defense to homicide?

• A. Yes, if the threat was imminent
• B. No, never a defense to homicide
• C. Yes, in limited circumstances
• D. It depends on the jurisdiction

Answer: (B)

Duress works by forcing a person to commit a crime to avoid imminent death or serious bodily harm to themselves or someone they are responsible for. But homicide is treated differently: even under coercion, taking a life is not excused. The public policy behind this rule is that we do not reward or enable murder by saying someone acted under threat. Therefore, duress is not a defense to homicide. If a person faces an imminent threat to their life, the proper shelter is self-defense (or defense of others), not duress. While some jurisdictions discuss limited or exceptional circumstances, the standard answer on exams is that duress does not excuse homicide.

Duress works by forcing a person to commit a crime to avoid imminent death or serious bodily harm to themselves or someone they are responsible for. But homicide is treated differently: even under coercion, taking a life is not excused. The public policy behind this rule is that we do not reward or enable murder by saying someone acted under threat. Therefore, duress is not a defense to homicide.

If a person faces an imminent threat to their life, the proper shelter is self-defense (or defense of others), not duress. While some jurisdictions discuss limited or exceptional circumstances, the standard answer on exams is that duress does not excuse homicide.