Duress

Description: This quiz covers the concept of duress in criminal law, including its definition, elements, and defenses.
Number of Questions: 15
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Tags: criminal law duress
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What is the legal definition of duress?

  1. A threat of imminent harm that compels a person to commit a crime.

  2. A state of mind in which a person is unable to control their actions.

  3. A defense to a criminal charge based on the fact that the defendant was forced to commit the crime.

  4. A legal doctrine that allows a person to avoid criminal liability for a crime committed under duress.


Correct Option: A
Explanation:

Duress is a legal defense that allows a person to avoid criminal liability for a crime committed under the threat of imminent harm.

What are the elements of duress?

  1. The threat must be imminent and credible.

  2. The threat must be directed at the defendant or a loved one.

  3. The defendant must have no reasonable means of escape.

  4. The defendant must commit the crime under the immediate influence of the threat.

  5. All of the above.


Correct Option: E
Explanation:

The elements of duress are that the threat must be imminent and credible, directed at the defendant or a loved one, that the defendant must have no reasonable means of escape, and that the defendant must commit the crime under the immediate influence of the threat.

What are some common defenses to duress?

  1. The defendant voluntarily exposed themselves to the threat.

  2. The defendant had a reasonable means of escape.

  3. The defendant was not under the immediate influence of the threat.

  4. The defendant committed the crime for personal gain.

  5. All of the above.


Correct Option: E
Explanation:

Common defenses to duress include that the defendant voluntarily exposed themselves to the threat, had a reasonable means of escape, was not under the immediate influence of the threat, or committed the crime for personal gain.

In which of the following cases would duress be a valid defense?

  1. A person robs a bank to pay for their child's medical treatment.

  2. A person kills their spouse to avoid being killed themselves.

  3. A person smuggles drugs into the country to support their drug addiction.

  4. A person commits arson to collect insurance money.

  5. None of the above.


Correct Option: B
Explanation:

Duress may be a valid defense in cases where a person is faced with a threat of imminent harm to themselves or a loved one, and they have no reasonable means of escape. In the given case, the person killing their spouse to avoid being killed themselves may be able to assert a defense of duress.

What is the difference between duress and necessity?

  1. Duress involves a threat of harm, while necessity involves a situation where a person is forced to choose between two evils.

  2. Duress is a defense to a criminal charge, while necessity is not.

  3. Duress is only available to defendants who are facing a threat of death, while necessity is available to defendants who are facing any type of harm.

  4. Duress is a more common defense than necessity.

  5. None of the above.


Correct Option: A
Explanation:

Duress involves a threat of harm, while necessity involves a situation where a person is forced to choose between two evils. Duress is a defense to a criminal charge, while necessity is not.

What is the public policy rationale behind the defense of duress?

  1. To prevent people from being punished for crimes they committed under duress.

  2. To encourage people to report crimes they have witnessed.

  3. To deter people from committing crimes by threatening them with punishment.

  4. To protect the rights of victims of crimes.

  5. None of the above.


Correct Option: A
Explanation:

The public policy rationale behind the defense of duress is to prevent people from being punished for crimes they committed under duress.

Which of the following is NOT a type of duress?

  1. Physical duress

  2. Economic duress

  3. Psychological duress

  4. Legal duress

  5. None of the above.


Correct Option: D
Explanation:

Legal duress is not a type of duress. Physical duress, economic duress, and psychological duress are all types of duress.

In which of the following cases would economic duress be a valid defense?

  1. A person robs a bank to pay for their child's medical treatment.

  2. A person embezzles money from their employer to pay off their gambling debts.

  3. A person sells drugs to support their drug addiction.

  4. A person commits tax fraud to avoid paying taxes.

  5. None of the above.


Correct Option: A
Explanation:

Economic duress may be a valid defense in cases where a person is faced with a threat of financial ruin or other economic hardship, and they have no reasonable means of avoiding the harm. In the given case, the person robbing a bank to pay for their child's medical treatment may be able to assert a defense of economic duress.

Which of the following is NOT a defense to duress?

  1. The defendant voluntarily exposed themselves to the threat.

  2. The defendant had a reasonable means of escape.

  3. The defendant was not under the immediate influence of the threat.

  4. The defendant committed the crime for personal gain.

  5. The defendant was acting under a mistake of fact.


Correct Option: E
Explanation:

A mistake of fact is not a defense to duress. The defendant must have been acting under the immediate influence of the threat in order to assert a defense of duress.

What is the burden of proof for the defense of duress?

  1. The defendant must prove duress by a preponderance of the evidence.

  2. The defendant must prove duress beyond a reasonable doubt.

  3. The prosecution must prove beyond a reasonable doubt that the defendant was not acting under duress.

  4. The prosecution must prove by a preponderance of the evidence that the defendant was acting under duress.

  5. None of the above.


Correct Option: A
Explanation:

The burden of proof for the defense of duress is on the defendant. The defendant must prove duress by a preponderance of the evidence.

Which of the following is NOT a factor that courts consider when evaluating a claim of duress?

  1. The nature and imminence of the threat.

  2. The relationship between the defendant and the person making the threat.

  3. The defendant's ability to escape the threat.

  4. The defendant's mental state at the time of the crime.

  5. The defendant's prior criminal record.


Correct Option: E
Explanation:

A defendant's prior criminal record is not a factor that courts consider when evaluating a claim of duress.

In which of the following cases would psychological duress be a valid defense?

  1. A person robs a bank to pay for their child's medical treatment.

  2. A person embezzles money from their employer to pay off their gambling debts.

  3. A person sells drugs to support their drug addiction.

  4. A person commits tax fraud to avoid paying taxes.

  5. A person kills their spouse to avoid being killed themselves.


Correct Option: E
Explanation:

Psychological duress may be a valid defense in cases where a person is faced with a threat of serious psychological harm, and they have no reasonable means of escape. In the given case, the person killing their spouse to avoid being killed themselves may be able to assert a defense of psychological duress.

Which of the following is a common defense to a charge of economic duress?

  1. The defendant voluntarily exposed themselves to the threat.

  2. The defendant had a reasonable means of escape.

  3. The defendant was not under the immediate influence of the threat.

  4. The defendant committed the crime for personal gain.

  5. None of the above.


Correct Option: B
Explanation:

A common defense to a charge of economic duress is that the defendant had a reasonable means of escape. If the defendant had a reasonable means of escape, then they cannot claim that they were acting under duress.

What is the difference between duress and undue influence?

  1. Duress involves a threat of harm, while undue influence involves a situation where a person is pressured into doing something they do not want to do.

  2. Duress is a defense to a criminal charge, while undue influence is a defense to a civil lawsuit.

  3. Duress is only available to defendants who are facing a threat of death, while undue influence is available to defendants who are facing any type of pressure.

  4. Duress is a more common defense than undue influence.

  5. None of the above.


Correct Option: A
Explanation:

Duress involves a threat of harm, while undue influence involves a situation where a person is pressured into doing something they do not want to do. Duress is a defense to a criminal charge, while undue influence is a defense to a civil lawsuit.

Which of the following is NOT a factor that courts consider when evaluating a claim of undue influence?

  1. The relationship between the parties.

  2. The mental state of the person being influenced.

  3. The nature and extent of the pressure being applied.

  4. The person's ability to resist the pressure.

  5. The person's prior experience with undue influence.


Correct Option: E
Explanation:

A person's prior experience with undue influence is not a factor that courts consider when evaluating a claim of undue influence.

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