Law Commons^™

Excusing Behavior: Reclassifying The Federal Common Law Defenses Of Duress And Necessity Relying On The Victim’S Role (Draft), Monu S. Bedi

Monu S Bedi

This article presents a theory for classifying the affirmative defenses of duress and necessity that focuses on the role of the victim in the criminal act and ultimately categorizes both defenses as excused acts. Necessity typically involves a defendant arguing that he committed the crime in order to avoid a greater evil created by natural forces. Duress usually entails a defendant arguing that he committed the crime in order to avoid unlawful physical threats made by a third party. Most scholars categorize duress as an excuse (wrongful conduct where the defendant is still found not culpable based upon mitigating circumstances) …