What is the test for a plaintiff to use the duress defense?
MultiRegion, United States of America
The following excerpt is from U.S. v. Hightower, 106 F.3d 410 (9th Cir. 1997):
The three requirements of a duress defense are: (1) an immediate threat of death or serious bodily injury; (2) a well-grounded fear that the threat will be carried out; and (3) no reasonable opportunity to escape the threatened harm. See United States v. Moreno, No. 95-10549, slip op. 15413, 15420 (9th Cir. Dec. 13, 1996); see also United States v. Charmley, 764 F.2d 675, 676 (9th Cir.1985).
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