Can a defense of duress be used in the context of an attempted premeditated murder case?

California, United States of America


The following excerpt is from People v. Valenzuela, B287555 (Cal. App. 2019):

"Penal Code section 26 declares duress to be a perfect defense against criminal charges when the person charged 'committed the act or made the omission charged under threats or menaces sufficient to show that they had reasonable cause to and did believe their lives would be endangered if they refused.'" (People v. Vieira (2005) 35 Cal.4th 264, 289-290.) While it is not clear a defense of duress could negate the specific intent element of attempted premeditated murder,3 even if the defense were

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