duress

Cards (10)

  • What is the principle established in Howell regarding duress and murder?
    It is better to die than to murder, making duress unavailable for murder.
  • According to Wilson, when is murder not available as a defense?
    Murder is not available if the defendant is young.
  • What does Valderamma-Vega state about the nature of threats in duress cases?
    The threat must be of death or serious injury and can be a cumulation of threats.
  • What test does Graham propose regarding the actions of a defendant under duress?
    Would a sober person of reasonable firmness with the same characteristics act in the same way?
  • What is accepted regarding police protection according to Graham?
    It is accepted that police cannot protect everyone at all times.
  • What does Hudson & Taylor emphasize about police protection?
    Police cannot protect at all times.
  • What does Abdul-Hussain state about the timing of threats in relation to the crime?
    The threat must be effective at the time the crime is committed.
  • According to Cole, when is duress available as a defense?
    Duress is only available if the threat makes the defendant commit a specific crime.
  • What does Bray/Shepherd indicate about self-induced duress?
    If duress is self-induced, it may not be a valid defense.
  • What concept is introduced by Willer/Conway regarding duress?
    They introduced the concept of duress by circumstance.