How does the defense of duress work?

California, United States of America


The following excerpt is from People v. Metters, 61 Cal.App.4th 1489, 72 Cal.Rptr.2d 294 (Cal. App. 1998):

The defense of duress "negates an element of the crime charged--the intent or capacity to commit the crime--and the defendant need raise only a reasonable doubt that he acted in the exercise of his free will. [Citation.]" (People v. Heath (1989) 207 Cal.App.3d 892, 900, 255 Cal.Rptr. 120 (Heath ).) To establish the defense, the defendant must show he acted under such immediate threat or menace that he reasonably believed his life would be endangered if he refused. (Ibid.)

Other Questions


If an attorney's work is complete upon signing of a decree of distribution, and if so, how much work must be done by the attorney to complete the work before the attorney has to engage other counsel for the remaining 60% of his work? (California, United States of America)
What is the test for a defense counsel to argue that the evidence presented to a jury under duress was relevant and probative to the element of duress? (California, United States of America)
In what circumstances will a defendant be found not guilty of a charge under duress under the duress defense? (California, United States of America)
What is the legal test for a defense counsel to pursue an innocence defense rather than a voluntary intoxication defense? (California, United States of America)
Is a mistake-of-fact defense defense defense harmless? (California, United States of America)
In what circumstances will a defense counsel be required to rest his case without putting on a defense? (California, United States of America)
Does a court have a duty to instruct on the defense of others as a legal defense to assault? (California, United States of America)
Is duress a defense in a murder case? (California, United States of America)
In what circumstances will the court require a defense counsel to object to a motion where the trial atmosphere was poisonous, and the defense counsel did not object at all? (California, United States of America)
Does a prosecutor have the authority to imply that defense counsel fabricated a defense? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.