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Is the defendant entitled to assert the duress defense to the murder charge in the following case? Defendant was charged with murder and with assault with the intent to commit murder. At her trial she...

Is the defendant entitled to assert the duress defense to the murder charge in the following case?

Defendant was charged with murder and with assault with the intent to commit murder. At her trial she claimed that she took the actions because of the demands made by her abusive boyfriend, who told  her he would hurt her if she did not do what he demanded.

See People v. Blue, 2004 WL 1676165 (Mich.App. 2004)

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A duress defense is a bit risky in a courtroom, and is usually only undertaken when a defendant and/or their attorney believe that they cannot successfully claim that the criminal act was not committed.  That is, they think they will be proven guilty of the crime, and now must mount a defense based on coercion or duress.

One of the criteria that must be met for a claim of duress to be accepted legally is that the threat made to the defendant which coerced them to commit the crime must be equal to or greater than the harm committed by the crime.  In this case, it is a murder, and there would need to be proof that the defendant herself would be killed...

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