§ 6-16 Duress/coercion - Defense

• Library: South Carolina Requests to Charge - Criminal (SCBar) (2012 Ed.)

§ 6-16 Duress/Coercion - Defense

The defendant has raised the defense of duress or coercion.

To establish duress which will excuse a criminal act, the degree of coercion must be present, imminent, and of such a nature as to induce a well-grounded apprehension of death or serious bodily harm if the act is not done. Coercion is no defense if there is any reasonable way, other than committing the crime, to escape the threat of harm. The fear of injury must be reasonable.

State v. Benjamin, 345 S.C. 470, 549 S.E.2d 258 (2001) (noting that better practice in jury instructions is to refrain from use of terms such as "could be" or "might be" in describing defense to charged crime); Id. at 475 n.3, 549 S.E.2d at 260 n.3 ("We suggest the following instruction in cases in which the defense of duress is raised: To establish duress which will excuse a criminal act, the degree of coercion must be

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