The Legal Defense of Duress Under Maryland Law

The legal defense of duress is a significant concept in criminal law, particularly under Maryland law. Duress occurs when an individual commits an illegal act because they are coerced by threats or pressure from another party. Under Maryland law, duress can serve as a defense against criminal charges, but specific criteria must be met to successfully argue this defense in court.

In Maryland, for a defendant to establish a duress defense, they must demonstrate that they faced an immediate threat of serious bodily harm or death. This means that the threat must be real and imminent, not a past or future threat. Additionally, the defendant must show that they had no reasonable opportunity to escape the situation without committing the illegal act.

Furthermore, the law stipulates that the duress must be applied by a person, meaning that coercion stemming from circumstances such as natural disasters or other impersonal forces may not qualify for this defense. It is essential for defendants to articulate the specific threats made against them and how these threats directly influenced their actions.

Maryland courts require clear and compelling evidence when considering a duress defense. This can include testimonies, recorded threats, or other documents that substantiate the claims of coercion. If the court finds that the defendant acted under duress, they may be exonerated of the charges, or their sentence may be mitigated.

Additionally, it's important to understand that the duress defense is not universally applicable to all crimes. For example, in Maryland, the defense of duress is typically not accepted for serious offenses such as murder. The rationale behind this exclusion is rooted in public policy, emphasizing the importance of accountability for serious criminal actions.

In summary, the legal defense of duress under Maryland law serves as a compelling argument in cases involving coercion. To build a strong case, defendants must provide substantial evidence of the immediate threat to their safety and demonstrate that there was no viable way to avoid committing the crime. As legal standards and interpretations can evolve, consulting with a knowledgeable attorney familiar with Maryland law is crucial for anyone considering this defense.