Page 1 Instruction 9.230
Revised May 2017 DURESS
DURESS
“Necessity is the defense one pleads when circumstances force one to perform a criminal act.
Duress, or coercion, applies when human beings force one to act.” Commonwealth v. Garuti, 23
Mass. App. Ct. 561, 564 (1987), quoting from United States v. Nolan, 700 F.2d 479, 484 n.1 (9th Cir.),
cert. denied, 462 U.S. 1123 (1983).
In some situations, duress may excuse a person’s committing what
would otherwise be a criminal offense. Duress is a form of coercion. Our
law holds that free will is essential to the commission of a criminal act, and
therefore a person may not be found guilty for an act which he (she)
committed under duress.
If evidence of duress is present, you may not find the defendant guilty
unless the Commonwealth proves beyond a reasonable doubt that the
defendant did in fact commit the offense, and also proves beyond a
reasonable doubt that the defendant did not act under duress.
To prove that the defendant did not act under duress, the
Commonwealth must prove one of the following three things beyond a
reasonable doubt:
First: That the defendant did not receive a present and immediate
threat which caused him (her) to have a well-founded fear of imminent
death or serious bodily injury if he (she) did not do the criminal act. The
