What is the burden of proving economic coercion to the defense?

MultiRegion, United States of America

The following excerpt is from U.S. v. Lee, 846 F.2d 531 (9th Cir. 1988):

We start by acknowledging that a defendant is entitled to an instruction concerning his theory of the case if it is supported by law and has some foundation in the evidence. See United States v. Echeverry, 759 F.2d 1451, 1455 (9th Cir.1985). Also, we assume, arguendo, that the "economic coercion" instruction is "supported by law" and that it has a foundation in the evidence. Given these assumptions, we must consider whether the instructions given by the judge improperly shifted the burden of proof on economic coercion to the defense.

Other Questions


Can a self defense claim to charges of receipt or possession of a firearm be considered a defense duress, coercion, or self defense? (MultiRegion, United States of America)
Does the prosecution have a burden of proving its case against the defense in the context of the prosecution's argument that the defense had framed the prosecution on behalf of the defence? (MultiRegion, United States of America)
In what circumstances has the defense failed to satisfy its burden of proving that the records in question had come to Government attention? (MultiRegion, United States of America)
Does a defendant have to prove that his defense was impaired to show that he did not have the proper defense? (MultiRegion, United States of America)
Is a jury instruction on special circumstances lying in wait unconstitutionally shifted the burden of proving the lack of a time gap to the defense? (MultiRegion, United States of America)
Does a defendant have the burden of proving his duress defense by a preponderance of the evidence? (MultiRegion, United States of America)
What is the initial burden of proving that Defendant substantially burdened the exercise of his religious beliefs? (MultiRegion, United States of America)
What is the burden of proving that a state statute or municipal ordinance discriminates against or places some burden on interstate commerce? (MultiRegion, United States of America)
Is entrapment the defense defense defense theory? (MultiRegion, United States of America)
What is the burden of proving a medical marijuana defense beyond a reasonable doubt? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.