The Illustrated Guide to Criminal Law
Chapter 14: Do or Die
Duress pg 23: Trog’s Initiation
Finally, let’s meet Trog, a prospect who recently joined up with the Horde.
Trog standing proudly in his gang vest.
TROG
It just feels right.
To prove himself worthy of full membership, he must first kidnap and rape a random innocent woman. In front of other gang members.
Trog backing off
TROG
I don’t think so, guys. That just feels wrong!
Gang members hold a gun on him
BIKER X
Too bad! You can’t back out now. Either you pass initiation…
BIKER Y
Or we put a bullet in your brain.
TROG
Well, if you put it that way…
What if we have this scenario:
1. A gang wearing disguises (not the Horde, because they wouldn’t be this crude) visit a restaurant which has a “Closed for Private Party” sign hanging on the door. They turn on a cellphone jammer and cut power to the building.
2. Stu is told that he is to kill someone, after which Stu and the rest of the people will be free to leave. If he doesn’t, one of the gang members will shoot that person, and they’ll try again with the next person, continuing until either Stu kills someone or they run out of people. He’s tied so that they can’t aim anywhere except into the mouth of person in question.
3. “Shoot this person.”
4. “Eww, this is a sick joke! I would NEVER–”
5. BLAM!
6. “We’ve got about 40 more people to go. Shoot this person.”
7. “Uhhh, no.”
8. BLAM!
9. “Only one more adult. After that we have lots of young kids for you to choose to stop at. Shoot this person.”
What do you do, knowing that duress is never a defense for killing someone? What if you knew how the prosecutor would feel?