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US-CA9 · jury_instructions

9th Cir. Model Jury Instr. (Criminal) 5.7

Duress, Coercion, or Compulsion (Legal Excuse)

activein force · 2026-08-20 – presentas-observed

The defendant contends [he] [she] acted under [duress] [coercion] [compulsion] at the time of the crime charged. [Duress] [coercion] [compulsion] legally excuses the crime of [specify crime charged].

The defendant must prove [duress] [coercion] [compulsion] by a preponderance of the evidence. A preponderance of the evidence means that you must be persuaded that the things the defendant seeks to prove are more probably true than not true. This is a lesser burden of proof than the government’s burden to prove beyond a reasonable doubt each element of [specify crime charged].

A defendant acts under [duress] [coercion] [compulsion] only if at the time of the crime charged:

First, there was a present, immediate, or impending threat of death or serious bodily injury to [the defendant] [a family member of the defendant] if the defendant did not [commit] [participate in the commission of] the crime;

Second, the defendant had a well-grounded fear that the threat of death or serious bodily injury would be carried out; [and]

Third, the defendant had no reasonable opportunity to escape the threatened harm[.] [; and]

[Fourth, the defendant surrendered to authorities as soon as it was safe to do so.]

If you find that each of these things has been proved by a preponderance of the evidence, you must find the defendant not guilty.

Provenance

Source
ce9.uscourts.gov
Retrieved
2026-08-20
Edition
2026-08-20
Content hash
28b29c904d04a909a80e23c422e3349375ac99acbc3a6a8493b71b22946b942e
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