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A successful affirmative defense means not that a criminal act was justified, but that the act was not criminal at all. But if no affirmative defense of duress is available, then the duress may be considered as justifying a lighter sentence, typically in proportion to the degree of duress. If the duress is extreme enough, for example, the ...
United States, 548 U.S. 1 (2006), was a United States Supreme Court case concerning the level of proof required to establish the affirmative defense of duress in a federal criminal case. Background [ edit ]
An affirmative defense to a civil lawsuit or criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant's otherwise unlawful conduct.
[1]: 513–4 The proscribed act is excused if the defendant's violation was not entirely voluntary, such as if they acted under duress or under a false belief. [1]: 513–4 Martin v. Ohio (1986) established that states may make justification an affirmative defense, placing the burden of proof on defendant. [1]: 18 Patterson v.
The duress must involve the threat of imminent peril of death or serious injury, operating on the defendant's mind and overbearing his will. [16] Threats to third persons may qualify. [ 17 ] The defendant must reasonably believe the threat, [ 18 ] and there is no defense if "a sober person of reasonable firmness, sharing the characteristics of ...
Necessity and duress (compulsion) are different defenses in a criminal case. [1] [2] [3] The defense of duress applies when another person threatens imminent harm if defendant did not act to commit the crime. The defense of necessity applies when defendant is forced by natural circumstances to choose between two evils, and the criminal act is ...
Robinson, P. H. Criminal Law Defenses: A Systematic Analysis, (1982) 82 Columbia Law Review 199. Smith, J.C. Justification and Excuse in the Criminal Law, (1989) Crim. LR 93. Westen & Mangiafico, The Criminal Defense of Duress: A Justification, Not an Excuse - And Why It Matters, (2003) Vol. 6 Buffalo Criminal Law Review, 833.
Duress in English law is a complete common law defence, operating in favour of those who commit crimes because they are forced or compelled to do so by the circumstances, or the threats of another. The doctrine arises not only in criminal law but also in civil law, where it is relevant to contract law and trusts law .