What is the test for the defense of duress or coercion?
California, United States of America
The following excerpt is from People v. Heath, 207 Cal.App.3d 892, 255 Cal.Rptr. 120 (Cal. App. 1989):
The defendant must show that the act was done under such threats or menaces that he had (1) an actual belief his life was threatened and (2) reasonable cause for such belief. (People v. Condley (1977) 69 Cal.App.3d 999, 1012, 138 Cal.Rptr. 515.) A defendant claiming the defense of duress or coercion may properly rely on CALJIC No. 4.40.
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