In some jurisdictions, the choice of evils defense is called the duress defense if the choice of evils is deliberately brought on by another individual, rather than by nature, an act of God, or circumstances outside the defendant’s control. The Model Penal Code defines the duress defense as “an affirmative defense that the actor engaged in the conduct…because he was coerced to do so by the use of, or a threat to use, unlawful force against his person or the person of another” (Model Penal Code § 2.09(1)).
Three elements are required for the duress defense. First, the defendant or another person must face a threat of imminent serious bodily injury or death. 1 Second, the defendant must have an objectively reasonable belief that the only way to avoid the serious bodily injury or death is to commit the crime at issue. 2 Third, in most jurisdictions, the crime committed cannot be criminal homicide. 3 Like choice of evils, the duress defense is rarely used and can be statutory or common law, perfect or imperfect, depending on the jurisdiction.
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