Hypothetical Coercion Crime Question that Is More of a Movie Crime

[Hershon]

What is the name of your state? CA

The following questions pertain to things I've seen more on TV and the movies then read about in real life & I'm curious what would happen in real life.

1. Scenario 1- You are the President of a Bank. Your family is held in your house at gunpoint and you are told if you don't make a million dollar plus transaction or don't take a millionout of the bank your family will be killed. You do it and your family is released. Will you be charged with a crime and if so, are you likely to be convicted and do prison time.

2. Scenario 2 - Same situation but you are told unless you shoot and kill someone your family will be killed. You shoot and kill the victim. Will you be charged with murder and be convicted and do jail time.

3. Scenario 3. Someone has a gun pointed at your back and you are told unless you shoot and kill someone who is tied up to a chair, you will be killed. You kill the other person. Are you charged with murder and convicted?

4. Patty Hearst Scenario. Someone has a gun on you and you are told to rob a bank with them or they'll kill you then and there. You do. Do you get charged and convicted for Bank Robbery- forget the Patty Heast case, I think that was a fluke.

THanks for your thoughts.

 

[quincy]

If you are coerced into committing a crime against your will, you are generally not considered responsible for the crime committed.

 

[Hershon]

So if you are given the choice between yourself getting killed and you killing someone else and doing it, you're considered corced even though you elected to sacrifice someones elses life instead of your own?

 

[tranquility]

The defenses available for the crimes would be duress, necessity and defense of another (perhaps self defense). In no case do I recall those defenses available for the crime of murder. I just sent someone to wikipedia for consideration, see if they have something for those defenses to see what black-letter rules would apply for the situations you mention.

 

[Hershon]

I should also add, would they be crimiinally charged and have to be defended in court or would the DA say because of the circumstances, you're not being charged? Really appreciate your answers as they never seem to deal with the legal aftermath after they show stuff like this on TV or in the movies.

 

[tranquility]

That issue is why we elect most DAs. Charging is decided upon by the DA. Who knows what a particular DA will do.

 

[quincy]

Hershon -

I did a little bit more research on your question, and when the murder of another is involved, a person would probably still be charged with the crime of murder, regardless of being coerced into committing the crime.

The defenses the person could potentially use in the case of murder would be coercion, brainwashing, duress, necessity, and Battered Woman Syndrome. These are most successful when used as a mitigating factor and not as a complete defense to the crime.

Although some theorists contend that a person who was coerced into committing a crime should not be held responsible since the person is not acting of his/her own free will, the court cases I reviewed indicate that the use of such defenses may result in a finding that the person is not as culpable as one who can exercise free will, and this finding can result in a lesser sentence, but the person is not absolved of all guilt.

In your first scenario, duress could be argued successfully, as there was an immediate threat, the bank president had a well-grounded fear of the threat, and there was a lack of escapability of the threat. And the money could potentially be recovered.

In the other scenarios, the person would need one heck of a defense lawyer.

 

[Silverplum]

Hershon -
I did a little bit more research on your question...

Glutton for punishment.

In the other scenarios, the person would need one heck of a defense lawyer.

Perry Mason!!!

 

[quincy]

Yup! I know Perry would be my first choice!

 

[Silverplum]

Yup! I know Perry would be my first choice!

I've always harbored a secret wish to be Della.