Duress: Duty To Instruct (Tennessee)

“A criminal defendant is entitled to have the jury instructed on the defense of duress only if it is ‘fairly raised by the proof.’ [Citation.] Because duress is a general rather than an affirmative defense, a criminal defendant need not establish the elements of duress by a preponderance of the evidence in order to merit a jury instruction. Rather, if admissible evidence fairly raises its applicability, the trial court is required to submit the defense to the jury. State v. Hatcher, 310 S.W.3d 788, 817 (Tenn., No. W2006‑01853‑SC‑R11‑CD, 5/4/2010) [internal citations and quotation marks omitted].

For subscription based briefing and sample instructions on this and related issues see:

Forecite NationalÔ

3.3.2 - Duty To Give Requested Defense Theory Or Pinpoint Defense Instructions

Chapter 250: Defenses And Defense Theories: General Issues

254.1 - Duress/Coercion

Forecite CaliforniaÔ

PG V(B)(1.4) Duty To Instruct On Defense Theory: The Law Of The Case Doctrine

PG VII(C)(14) Denial Of Instruction And Argument On Defense Theory As Violation Of Rights To Trial By Jury, Due Process, Counsel, Compulsory Process, And Confrontation

PG X(C)(3) Failure to Instruct on Defense

F 4.40 Duress

F 4.002 Duress To Negate Criminal Intent

F 3402 Duress Or Threats

F 3305 Inst 1 Duress To Negate Criminal Intent