Lesser Evil Equals Duress
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- CRIMINAL1
Example wrong choices
19508_lighthouse-coercion · CRIMINAL · Choice BEsther is guilty only of manslaughter because she acted under extreme emotional disturbance.
Why it's attractive
EED/heat-of-passion requires provocation that arouses extreme emotional agitation. Esther acts under cold coercion, not rage or passion. The stem has no passion trigger. Misfit.
Why it's wrong
EED/heat-of-passion requires provocation that arouses extreme emotional agitation. Esther acts under cold coercion, not rage or passion. The stem has no passion trigger. Misfit.
19508_lighthouse-coercion · CRIMINAL · Choice CEsther is not guilty because the threat was immediate and she had no opportunity to escape.
Why it's attractive
The facts do satisfy general duress elements (immediate, genuine belief, no escape). Gold Key GK-CRIM-DURESS-HOMICIDE-01 teaches that these elements are legally irrelevant at common law when the killing is intentional. The categorical bar is total.
Why it's wrong
The facts do satisfy general duress elements (immediate, genuine belief, no escape). Gold Key GK-CRIM-DURESS-HOMICIDE-01 teaches that these elements are legally irrelevant at common law when the killing is intentional. The categorical bar is total.
19508_lighthouse-coercion · CRIMINAL · Choice DEsther is not guilty because she chose the lesser of two evils.
Why it's attractive
The call asks about the *duress* defense. D answers about a necessity/lesser-evil theory — a different doctrine. That substitution makes D non-responsive to the call. Even if necessity were in play, common law categorically bars it for intentional homicide as well.
Why it's wrong
The call asks about the *duress* defense. D answers about a necessity/lesser-evil theory — a different doctrine. That substitution makes D non-responsive to the call. Even if necessity were in play, common law categorically bars it for intentional homicide as well.
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