The Mueller Report thread

[Benton]

(05-08-2020, 11:26 PM)SunsetBengal Wrote: Duress in the way that they threatened to go after his son.  Now, that's only the General's words, so we'll have to wait for that part to become pubic record.  However, if the General is telling the truth, what father wouldn't take the hit to save his family?

Duress and stress aren't synonymous. Legally (and I'm sure Fred can probably clean up or clarify this), there's some requirements that need to be met for duress. There has to be a threat of physical harm, no way to circumvent the threat and be at no fault. In other words, if you're guilty of something you aren't under duress for being penalized for it. You're just... guilty. 

My son and I rob a bank. I get caught. Sorta. They know I did it and they've got proof, but a judge or jury could always rule in my favor. So prosecutors offer me a plea deal. The deal means I do half the time of a maximum charge and they drop the investigation (meaning I don't have to worry about them going after my son).

Is that duress?

If I take the deal, should someone come back later and overturn it, saying I only made the deal to save my son?

Or am I just a dirty crook who had friends in high places?


We live in the age of plea deals. Courts are overloaded at every level. If the "he was only doing it to protect his co-conspirator" defense works, then that opens the door to overturning a lot of convictions.