The following excerpt is from United States v. Ngono, 17-3194-cr (2nd Cir. 2020):
"A defendant is entitled to an instruction on an affirmative defense only if the defense has a foundation in the evidence." United States v. Gonzalez, 407 F.3d 118, 122 (2d Cir. 2005) (internal quotation marks omitted). Three elements must be satisfied in order for a defendant to establish coercion: "(1) a threat of force directed at the time of the defendant's conduct; (2) a threat sufficient to induce a well-founded fear of impending death or serious bodily injury; and (3) a lack of a reasonable opportunity to escape harm other than by engaging in the illegal activity." Id. "A defendant must make some showing on each element, including the element that the defendant lacked a reasonable means to escape the threatening conduct by seeking the intervention of the appropriate authorities." Id. (internal quotation marks omitted).
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.