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MMLU-Pro / 1006 / In her request for jury instructions on the defense of duress, a defendant…

Problem

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question

In her request for jury instructions on the defense of duress, a defendant argued that she should have the burden of producing some evidence of duress, but the prosecution should be required to disprove duress beyond a reasonable doubt. The trial court denied the defendant's request and instead instructed the jury that the defendant had the burden of proof to establish the defense of duress by a preponderance of the evidence. After she was convicted by the jury, the defendant claims on appeal that the jury instructions regarding duress violated the due process clause. Were the jury instructions correct?

category

law

options

  1. Yes, because the defendant should be required to provide more than just some evidence of duress.
  2. No, because the defense of duress is no longer a recognized defense in federal prosecutions, although it was recognized at common law, and is recognized in most state courts.
  3. No, because the prosecution should have been required to disprove duress beyond a reasonable doubt.
  4. No, because the prosecution bears the burden of proof beyond a reasonable doubt on all elements and defenses produced at trial by a defendant.
  5. No, because the due process clause requires that the burden of proof always rest with the prosecution.
  6. Yes, because the prosecution does not bear the burden of proving the absence of duress.
  7. Yes, because the jury instructions correctly stated that the defendant has the burden of proof to establish the defense of duress beyond a reasonable doubt.
  8. Yes, because the defense has the burden of proving the defense of duress by a preponderance of the evidence.
  9. No, because the jury instruction impermissibly shifts the burden of proof to the defendant.
  10. No, because the jury instructions should have stated that the defendant only needs to provide some evidence of duress.

src

ori_mmlu-professional_law

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