Duress Defense is defined as what?

Duress Defense is defined as what?

• A. An affirmative defense claiming the defendant was forced to commit the wrongful act by threat of immediate bodily harm or loss of life
• B. A claim of insanity
• C. A claim of self-defense
• D. An alibi

Answer: (A)

Duress is an affirmative defense based on coercion: a person is forced to commit a crime because someone threatens immediate bodily harm or death. The threat must be imminent, and the defendant must have had no reasonable opportunity to escape or avoid the act. Because the act occurred under coercion, the defendant’s will was overborne, meaning they didn’t freely choose to commit the crime. This is why the defense excuses or mitigates liability.

This isn’t insanity (mental illness), nor is it self-defense (defending yourself from an imminent threat you face). It also isn’t an alibi (claiming you weren’t present).