What are the elements of the duress defense in the context of prison escape?
MultiRegion, United States of America
The following excerpt is from U.S. v. Hamilton, 983 F.2d 1078 (9th Cir. 1992):
The four elements of the duress defense in the context of prison escape are (1) the threat and fear that the threat caused were immediate and involved death or serious bodily injury; (2) the fear was well grounded; (3) there was no reasonable opportunity to avoid or escape the threatened harm; and (4) the defendant submitted to proper authorities after attaining a position of safety. United States v. Peltier, 693 F.2d 96, 98 (9th Cir.1982) (per curiam).
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