Which defense arises when there is a reasonable belief of death or harm to himself or others, and it is not murder?

Which defense arises when there is a reasonable belief of death or harm to himself or others, and it is not murder?

• A. NECESSITY
• B. DURESS
• C. CONSENT
• D. ARREST WARRANT

Answer: (B)

Duress arises when a person reasonably believes that death or serious bodily harm will befall them or someone else unless they commit a crime, and they act to avoid that threat. The key elements are a real threat of imminent harm, a reasonable belief that noncompliance would result in that harm, and no safe, legal alternative to prevent the harm. Importantly, duress is generally not a defense to murder because taking an innocent life to escape a threat is considered unjustified, so the defense applies to non-homicide offenses. This defense is distinct from necessity, which involves choosing between two wrongs to prevent greater harm in a broader sense, rather than responding to an immediate threat. Consent and arrest warrants are not defenses in this context. With an imminent threat of death or serious harm and a non-murder crime, the appropriate defense is duress.

Duress arises when a person reasonably believes that death or serious bodily harm will befall them or someone else unless they commit a crime, and they act to avoid that threat. The key elements are a real threat of imminent harm, a reasonable belief that noncompliance would result in that harm, and no safe, legal alternative to prevent the harm. Importantly, duress is generally not a defense to murder because taking an innocent life to escape a threat is considered unjustified, so the defense applies to non-homicide offenses. This defense is distinct from necessity, which involves choosing between two wrongs to prevent greater harm in a broader sense, rather than responding to an immediate threat. Consent and arrest warrants are not defenses in this context. With an imminent threat of death or serious harm and a non-murder crime, the appropriate defense is duress.