Written by attorneys · grounded in primary & secondary sources — see below
An objective benchmark used to determine whether a threat of unlawful force would overcome an ordinary person's capacity to refuse compliance in the duress defense.
Sources & Authorities
How it applies
Common Examples
2
Crane Operator Faces Deadly Threat
Ravi Reddy operates a tower crane on a high-rise project. The site foreman threatens to throw Ravi off the building unless he immediately lifts an overloaded pallet that violates safety rules. Ravi complies and injures a worker. A jury applying the reasonable firmness standard finds that an ordinary person in Ravi's confined position twenty stories up would have been unable to resist the imminent lethal threat, so the duress defense excuses the criminal charge.
Sailor Joins Risky Crew
Ralph Richardson takes a job aboard a vessel widely known for smuggling despite available safer employment. An armed officer later threatens to throw Ralph overboard unless he helps conceal migrants. Ralph complies. Because Ralph recklessly placed himself in a situation where coercive demands were probable, the reasonable firmness standard never reaches the jury and the duress defense is unavailable.
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
United States v. Bailey444 U.S. 394 (1980)
Common questions
Frequently Asked
4
Is the reasonable firmness standard subjective or objective?+
The standard is objective. It asks whether an ordinary person placed in the defendant's situation would have been unable to resist the coercion rather than whether the particular defendant subjectively felt overwhelmed.
Supporting sources
Does the defendant's prior conduct affect availability of the defense under the reasonable firmness test?+
Yes. If the defendant recklessly placed himself in a situation where duress was probable, the defense is unavailable even if the immediate threat would otherwise satisfy the reasonable firmness standard.
Supporting sources
How does specialized training interact with the reasonable firmness inquiry?+
Training forms part of the defendant's situation. A person of reasonable firmness who possesses professional tools for safe resistance may be expected to attempt those measures before complying with the threat.
Supporting sources
Can a threat directed only at the defendant satisfy the reasonable firmness standard?+
Yes. The defense applies when the threat of unlawful force is directed at the defendant personally, provided an ordinary person in that situation would have been unable to resist.
Supporting sources
Criminal Law & ProcedureGeneral principles · Justification and excuseUBEFoundational