ADMJ 103 Lecture Notes - Lecture 27: Mens Rea, Product Rule, Involuntary Commitment
22 Dec 2020
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General common law rule: duress is no defense to killing an innocent person. Never excuses murder the person threatened with his own demise ought rather to die himself than escape by murdering an innocent person. As with implied malice murder, the circumstance is not due to a special doctrine of duress but to the legal requirements of first-degree murder (premeditation) If one is not guilty of the underlying felony due to duress, one cannot be guilty of felony-murder based on that felony. Commonwealth v. graves (the idiot who was drunk and high during a robbery/burglary) Traditional rule voluntary intoxication not a defense, but can be used to lower the mens rea. Court takes a look at this; vi does not exonerate or excuse, but it"s relevant to determine whether the crime occurred. The prosecution still has to prove the mens rea should be able to show that he lacked the mens rea.
