What are the elements of the duress defence?

MultiRegion, United States of America

The following excerpt is from U.S. v. Pizzale, 932 F.2d 973 (9th Cir. 1991):

The defendant must present sufficient evidence to raise a triable issue of fact for each element of that defense, before an instruction on duress must be given. United States v. Charmley, 764 F.2d 675, 676 (9th Cir.1985). The elements of duress are: (1) immediate threat of death or grave bodily harm; (2) well grounded fear that the threat will be carried out; and (3) no reasonable opportunity to escape the threatened harm. Id.

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