Graduate studies at Western
Law and Philosophy 10 (2):161 - 188 (1991)
|Abstract||While the plea of duress is generally accepted as a defense against criminal prosecution, the reasons why it exonerates are subject to dispute and disagreement. Duress is not easily recognizable as either an excusing or justifying condition. Additionally, duress is generally not permitted as a defense against criminal homicide, though some American jurisdictions allow the defense in felony-murder cases. In this paper, I present an argument for how and why the presence of duress can defeat a finding of criminal responsibility. This is intended to establish the philosophical foundation for the legal acceptability of the duress defense, even though I conclude that the defense does not qualify as either an excuse or a justification. I also argue that the duress defense should be allowed in cases of homicide.|
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
|Through your library||Configure|
Similar books and articles
Michael D. Bayles (1982). Character, Purpose, and Criminal Responsibility. Law and Philosophy 1 (1):5 - 20.
Jordy Rocheleau (2010). Combatant Responsibility for Fighting in Unjust Wars. Social Philosophy Today 26:93-106.
Stephen Shute & A. P. Simester (eds.) (2002). Criminal Law Theory: Doctrines of the General Part. Oxford University Press.
Carl Elliott (1991). Moral Responsibility, Psychiatric Disorders and Duress. Journal of Applied Philosophy 8 (1):45-56.
Robert Campbell (1984). Duress and Responsibility for Action. Journal of Applied Philosophy 1 (1):133-140.
Brenda M. Baker (1985). Duress, Responsibility, and Deterrence. Dialogue 24 (04):605-.
Jeremy Horder (2007). Excuses in Law and in Morality: A Response to Marcia Baron. [REVIEW] Criminal Law and Philosophy 1 (1):41-47.
David Owens (2007). Duress, Deception, and the Validity of a Promise. Mind 116 (462):293-315.
Joshua Dressler (2011). Duress. In John Deigh & David Dolinko (eds.), The Oxford Handbook of the Philosophy of the Criminal Law. Oxford University Press.
Michael Gorr (2000). Duress and Culpability. Criminal Justice Ethics 19 (2):3-16.
Added to index2009-01-28
Total downloads17 ( #78,355 of 754,610 )
Recent downloads (6 months)0
How can I increase my downloads?