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The defense of duress has been the subject of considerable controversy and confusion. There are several interrelated issues here. What is the definition of duress and how is it to be distinguished from necessity? Is duress to be classified as a justification or an excuse, or does it fall into another category? Should duress ever be a defense to a crime? If so, should it be available as a defense to all crimes or should it be disallowed in some cases such as murder? In some cases, should duress operate only in mitigation and not as a complete defense to an offense? These issues also arise where the question is whether duress should be allowed as a defense to a judgment of blame. My intention in this article is to explore these issues from a moral as well as a legal perspective.
