duress and self-defense
Feb. 9th, 2011 08:50 pm![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png)
Duress exists when the wrongful threat of one person induces another person to perform an act that he or she would not otherwise have performed . In such a situation, duress is said to negate the mental state necessary to commit a crime because the defendant was forced or compelled to commit the act. Duress can be used as a defense to most crimes except murder.
By that description of duress, wouldn't killing in self defense be considered duress? And if so, wouldn't that mean that self-defense doesn't justify said killing? Or perhaps murder has a more specific legal definition that doesn't encompass killing in self-defense?
ETA: Nevermind, the next section explained the separate defense of self-defense.
By that description of duress, wouldn't killing in self defense be considered duress? And if so, wouldn't that mean that self-defense doesn't justify said killing? Or perhaps murder has a more specific legal definition that doesn't encompass killing in self-defense?
ETA: Nevermind, the next section explained the separate defense of self-defense.