(the defense of duress applies when the accused’s participation in the offense was caused by a reasonable apprehension that the accused or another innocent person would be immediately killed or would immediately suffer serious bodily injury if the accused did not commit the act the apprehension must reasonably continue throughout the commission of the act if the accused had any reasonable opportunity to avoid committing the act without subjecting the accused or another innocent person to the harm threatened, this defense shall not apply the immediacy of harm necessary may vary with the circumstances). 454 (in a guilty plea context, as a matter of law, a possible defense of duress could be raised requiring further inquiry by the military judge without the accused first presenting a prima facie case of duress). CORE CRIMINAL LAW SUBJECTS : Defenses: Duress
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