Assume that a criminal defendant claims that she was the victim of a criminal kidnapping and was forced by her kidnappers to commit the crimes with which she is accused.Assume further that she could prove that she had complied with their demands only because her captors had threatened to kill her if she resisted.What defense would be appropriate for her to adopt at trial?

Question

Quizplus · Accepted Answer

The appropriate defense for the defendant in this scenario would be duress. Duress is a defense in which a defendant claims that they were forced to commit a crime under the threat of imminent harm or death. In this case, the defendant claims that they were forced to commit the crime by their kidnappers who had threatened to kill them if they did not comply. Therefore, the defendant's actions were not voluntary, and they were not morally culpable for their actions.

Assume That a Criminal Defendant Claims That She Was the Victim