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crime
defences
duress
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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.
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According to Wilson, when is murder not available as a defense?
Murder is not available if the
defendant
is
young
.
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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.
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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?
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What is accepted regarding police protection according to Graham?
It is accepted that police cannot protect everyone at all times.
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What does Hudson & Taylor emphasize about police protection?
Police cannot protect
at all times
.
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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
.
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According to Cole, when is duress available as a defense?
Duress is only available if the threat makes the defendant commit a
specific
crime.
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What does Bray/Shepherd indicate about self-induced duress?
If duress is self-induced, it may not be a
valid defense
.
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What concept is introduced by Willer/Conway regarding duress?
They introduced the concept of duress by
circumstance
.
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