Is duress a defense in a murder case?
California, United States of America
The following excerpt is from People v. Vieira, 106 P.3d 990, 25 Cal.Rptr.3d 337, 35 Cal.4th 264 (Cal. 2005):
Defendant contends that although duress may not be a defense to murder, it is a defense to a conspiracy to commit murder. Even assuming he is correct, the trial court committed no error, because the facts did not support a duress instruction. (People v. Flannel (1979) 25 Cal.3d 668, 684-685, 160 Cal.Rptr. 84, 603 P.2d 1 [trial court obliged to instruct on a defense theory only when there is substantial evidence to support].)
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