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MMLU / 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?

choices

  1. No, because the prosecution bears the burden of proof beyond a reasonable doubt on all elements and defenses produced at trial by a defendant.
  2. No, because the jury instruction impermissibly shifts the burden of proof to the defendant.
  3. 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.
  4. Yes, because the defense has the burden of proving the defense of duress by a preponderance of the evidence.

subject

professional_law

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Source and history

task_id
3b64bfb8-26d0-5d98-9fcf-2bea3626d071
task_key
all--test--3b64bfb8-26d0-5d98-9fcf-2bea3626d071
task_revision_id
1
config / split
all / test

Official source

initial import