Duress Is Not a Defense to Murder
June 8th, 2015


Duress is not a defense to murder, and will not reduce murder to manslaughter. (People v. Burney (2010) 47 Cal. 4th 203.) However, duress may negate the deliberation or premeditation required for first degree murder, and a modified version of this instruction may be appropriate if warranted by the circumstances of a case. (CCJICH § 3:5, p. 121; See also this post Felony Murder: Applicability Of Duress To Underlying Felony.)

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