The Role Of Duress In Criminal Law

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There are many forms of defense used in criminal court, one of them being duress. Duress, which is also know as compulsion is when a person commits a crime because someone using force either coerces them to do so or threatens to use force. In general duress is used, as a defense when the crime committed is less serious than the crime avoided. An example of duress would be a mother who would be forced to rob a bank because someone is holding her children hostage. The defense of duress is different in all states, some states state that one can not use the defense of duress when it come to crimes such as homicide. There are many forms of defenses however voluntary intoxication in not an effective defense. Voluntary intoxication is when a person …show more content…

Making an honest mistake can result in a person not facing criminal liability. A 16 year old student from Japan who didn’t speak English was going to a party he went to the wrong house and the homeowner shot the student. The homeowner was acquitted because he thought the student was an intruder. The mistake is needed to eliminate the intent to commit a crime. It is important to know the difference between a mistake and ignorance of fact. Ignorance of fact is when an individual lacks the knowledge about the situation at hand where as mistake of facts means the facts were misunderstood. There is also mistake of the law, when an individual misunderstands what the law is trying to say. However courts have decided both mistake of the law and ignorance of the law cannot be used as a successful …show more content…

This defense may be used when a law-enforced agent encourages law-abiding citizens to take part into illegal activities. Two of the most common entrapment activities are (1) false representation by enforcement agents that are calculated to induce the belief that the illegal behavior is not prohibited and (2) the use of inducements to crime that are so strong that a person of average will and good intent could not resist. When using the defense of entrapment one needs to prove that they are good people who wouldn’t have taken part in illegal activities if it weren’t for government

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