· 2/19/1974
Messinger v. Washington
Citations
- 415 U.S. 926
- 94 S. Ct. 1433
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that the proffered expert testimony must address vulnerability “produced by” the duressor to be relevant
- explaining that the proffered expert testimony must address vulnerabilities that are “produced by” the duressor
- “The defense of duress is a common law concept that federal criminal law has incorporated.”
- “The majority of state courts that have considered the issue [of BWS] have admitted expert testimony as to the syndrome on behalf of a woman contending that she acted in self-defense.”
- “The defense [of duress] assumes that the defendant has voluntarily performed the criminal act; his or her will has not been so overcome that another choice was impossible; the act done was intentional.”
- “Fear which would be irrational in one set of circumstances may be well-grounded if the experience of the defendant with those applying the threat is such that the defendant can reasonably anticipate being harmed on failure to comply.” (emphasis added)
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.