Defense of Duress

Defense of Duress

A defendant who has been charged with embezzlement is using the affirmative defense of duress to justify her actions. She states that her boyfriend, who was also her supervisor, blackmailed her and threatened to show people pornographic photographs of her if she did not steal cash from the company safe on a regular basis. They split the money, which she spent to pay off a credit card, buy clothing, and have her car painted. Answer the following questions:

a. Can she claim a defense of duress? Why or why not?

b. Does it matter that she kept half of the money and spent it on nonessential items?


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