Duress
Source:
Section 161.270 — Duress, https://www.oregonlegislature.gov/bills_laws/ors/ors161.html
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Notes of Decisions
“Duress” requires that danger must be “present, imminent, and impending.” State v. Fitzgerald, 14 Or App 361, 513 P2d 817 (1973); State v. Boldt, 116 Or App 480, 841 P2d 1196 (1992)
Under evidence that defendant, convicted of armed robbery, had several opportunities to escape, he could not object to jury instruction stating that duress is not available as defense if person intentionally or recklessly placed himself in duress situation. State v. Fowler, 37 Or App 299, 587 P2d 104 (1978)
Where threat of injury, if there was one, existed on day defendant was scheduled to appear in court and was conditioned on what he might do on that date, threat was “imminent.” State v. Boldt, 116 Or App 480, 841 P2d 1196 (1992)
“Earnest resistance” is generalized standard not measured by defendant’s submissiveness or other individual personality traits. State v. VanNatta, 149 Or App 587, 945 P2d 1062 (1997), Sup Ct review denied