Duress

  • CR07-503.  Duress (06/18/03)

Reporter’s Note

The instruction on duress, CR07-503, attempts to provide a simple explanation of some complicated issues.  Readers should be aware that duress does not function as a complete defense to all crimes.  When the crime in question is an intentional killing, duress may serve to mitigate the crime to manslaughter.  See 2 LaFave & Scott, Substantive Criminal Law, § 7.11(c) (“Imperfect” Defense of Coercion or Necessity).