Peter's mother thinks he is in college studying to be an engineer but he actually dropped out several semesters ago.Instead,Peter works as a busboy at a local restaurant.Paul,his roommate,tells Peter that unless each day he brings Paul food from the restaurant,Paul will tell Peter's mother that Peter is no longer in school.Fearful of his mother finding out about his circumstances,Peter agrees.Each evening Peter steals food from the restaurant and brings it to Paul.After about two weeks,Peter's boss discovers the thefts.He not only fires Peter but calls the police and files theft charges.If Peter goes to trial on the theft charges,the defense of duress:
A)will be sufficient to gain his acquittal of the charges.
B)will do him no good as his conduct does not fit within the requirements of the defense.
C)will be available only if Peter can establish that he feared bodily injury from Paul unless he stole the food.
D)will be available only if the charges amount to a misdemeanor,not a felony.

Question

Quizplus · Accepted Answer

The defense of duress applies when a person is forced to commit a crime due to a present and immediate threat of death or serious bodily injury. In this case, Peter was not facing such a threat, and he voluntarily agreed to steal food from the restaurant to avoid his mother finding out about his situation. Therefore, the defense of duress does not apply, and it will do Peter no good.

Peter's Mother Thinks He Is in College Studying to Be