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· 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).

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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.