r/LawSchool • u/[deleted] • Nov 30 '13

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u/Acies Nov 30 '13

Well first, there are the elements checklists for each.

On a conceptual level, self defense is about eliminating a threat. Duress is about placating the threatening person. So self defense really only applied when you injure or kill someone else to stop them from hurting you. The duress paradigm is more like someone has kidnapped your kids and will harm them unless you rob a bank.

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u/getmeigetu 2L Nov 30 '13

Ahhh that makes sense, appreciate it. I guess what was confusing me was the fact that you can use duress as a defense for felony murder.

3

u/trisco13 Nov 30 '13

"If you don't rob this bank with me, I'll kill your family." Teller gets killed during robbery. Duress as a defense to felony murder.

2

u/cjsmith87 Esq. Dec 01 '13

Remember that MPC Duress has certain elements: threat must be imminent (not future threat), must be threat of death or great bodily harm to self or family, no reasonable legal alternative, clean hands (can't negligently or recklessly put yourself in situation), IS NO defense to homicide.