California, United States of America
The following excerpt is from People v. Donis, B224427 (Cal. App. 2011):
"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.) "'Duress is an effective defense only when the actor responds to an immediate and imminent danger.' [Citation.] 'Decisions upholding the duress defense have uniformly involved "'a present and active aggressor threatening immediate danger.'" [Citation.] A "phantasmagoria of future harm" such as a threat of death to be
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carried out at some undefined time, will not diminish criminal culpability.' [Citation.]" (People v. Hamlin (2009) 170 Cal.App.4th 1412, 1460 (Hamlin).)
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