Tag Archives: Duress

Felony Murder: Applicability of Duress to Underlying Felony
July 10th, 2015

  When a murder is based on a felony murder theory, the court has a sua sponte duty to give a duress defense instruction (CC 3402) if the defendant claims that he or she committed the underlying felony under duress. (CC 3402 Bench Notes.)  However, if the defendant formed the intent to be an aider […]

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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 […]

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