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Criminal Law • Defenses and State of Mind
CRIMLAW#072
Legal Definition
A defendant's criminal liability—except in the case of intentional homicide—is excused where the crime is committed under the threat of imminent death or great bodily harm.
Plain English Explanation
The law doesn't want people willfully helping criminals commit crimes. When someone is forced to do something under "duress," it means their choice was basically "do what is being asked, or get hurt." As such, if an accomplice provided help because they were threatened with death or serious harm, then they do not have any accomplice liability. Note: This doesn't apply to homicide, which means if you kill someone else and claim you did so under duress, you're still liable for the killing.
Hypothetical
Hypo 1: Bob, Sam, and Amy are in a room. Bob knows that Sam owns a gun. Bob asks Sam if he can borrow the gun to rob a bank. Sam says no. Bob says, "If you don't let me borrow the gun, I'm going to tell everyone you cried during Star Wars." Sam, not wanting to be embarrassed, gives Bob the gun. Bob robs the bank. Result: Sam is an accomplice. Though he was threatened with embarrassment, this isn't enough to be duress. As such, he is liable for Bob's bank robbery. In contrast, if Bob grabbed a knife and put it to Sam's throat to demand his gun, then Sam would be able to claim duress.
Hypo 2: Bob, Sam, and Amy are in a room. Bob and Sam have guns. Bob points a gun at Sam and says, "If you don't shoot Amy, I'm going to kill you. You have 5 seconds." Sam shoots and kills Amy. Result: Though Sam's life was technically threatened, duress does not forgive Sam committing an intentional homicide, even if it lets Sam save his own life.
Hypo 2: Bob, Sam, and Amy are in a room. Bob and Sam have guns. Bob points a gun at Sam and says, "If you don't shoot Amy, I'm going to kill you. You have 5 seconds." Sam shoots and kills Amy. Result: Though Sam's life was technically threatened, duress does not forgive Sam committing an intentional homicide, even if it lets Sam save his own life.
Related Concepts
What are the common general intent crimes and their key defenses?
What are the common preliminary crimes, also known as inchoate crimes?
What are the common specific intent crimes and their key defenses?
When does entrapment exist?
When is a mistake of fact a valid defense?
When is a mistake of law a valid defense?
