Written by attorneys · grounded in primary & secondary sources — see below
An objective standard in the duress defense that excuses criminal conduct when the defendant acted because of unlawful force or threats that would have overborne the resistance of an ordinary person placed in the defendant's situation.
Sources & Authorities
How it applies
Common Examples
2
Nurse Yields to Armed Threat
Piper Patel, a night-shift nurse, was cornered in a clinic supply closet by a gang member who pressed a loaded gun into her ribs and threatened to shoot both her and a nearby patient unless she handed over opiates. She complied and was later charged with diverting controlled substances. The immediate lethal threat directed at her and the patient left no safe interval for resistance. A jury could find that a person of reasonable firmness in her position would have been unable to resist the coercion.
Mechanic Sabotages Under Threat
Peter Park, a mechanic who performed side repairs for a biker gang, was confronted by a member who threatened to break both his hands and assault his girlfriend unless he weakened a car's brakes. With his phone in his pocket and customers nearby, he cut the lines anyway. The credible threat of serious violence against him and a third person created pressure that a person of reasonable firmness in his situation could not have resisted.
Put it into practice
Test Yourself
10
Practice Questions5
· 1 primary source
Select any source to read its text and confirm it supports the definition.
Model Codes
Casebooks
Hornbooks
Course Outlines
Study Supplements
United States v. Bailey444 U.S. 394 (1980)
Common questions
Frequently Asked
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Is the reasonable-firmness test objective or subjective?+
The test is objective. It asks whether a person of ordinary firmness in the defendant's situation would have been unable to resist, not whether this particular defendant subjectively felt unable to resist. Temperament and personal timidity are not considered, but tangible factors such as age, size, health, and the defendant's actual circumstances are taken into account.
Supporting sources
Does a threat against a third person satisfy the standard?+
Yes. The defense applies when the threat is directed against the defendant or another person. Courts and the Model Penal Code treat threats to family members or bystanders as qualifying coercion when a person of reasonable firmness could not resist.
Supporting sources
When is the defense unavailable even if the threat meets the firmness test?+
The defense is unavailable if the defendant recklessly placed himself in a situation in which it was probable he would be subjected to duress. Prior warnings ignored by the defendant, voluntary association with violent groups, or continued risky conduct after notice can bar the defense.
Supporting sources
How does specialized training affect the reasonable-firmness inquiry?+
Training and professional skills are part of the defendant's situation. A trained person may be expected to use available de-escalation options that an untrained person would not know, so the same threat may not render a person of reasonable firmness in that trained situation unable to resist.
Supporting sources
Criminal Law Constitutional ProtectionsGeneral principles · DefensesNEXTGENFoundational