What is the test for a defendant to assert a duress defense?
The following excerpt is from USA. v. Franco, 189 F.3d 1151 (9th Cir. 1999):
3. "A defendant must establish three elements in order to present [a duress] defense: (1) an immediate threat of death or serious bodily injury, (2) a well-grounded fear that the threat will be carried out, and (3) lack of a reasonable opportunity to escape the threatened harm." United States v. Moreno, 102 F.3d 994, 997 (9th Cir. 1996). The government does not contend that appellant was not entitled to assert a duress defense here.
3. "A defendant must establish three elements in order to present [a duress] defense: (1) an immediate threat of death or serious bodily injury, (2) a well-grounded fear that the threat will be carried out, and (3) lack of a reasonable opportunity to escape the threatened harm." United States v. Moreno, 102 F.3d 994, 997 (9th Cir. 1996). The government does not contend that appellant was not entitled to assert a duress defense here.
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