Joclyn and Her Son Do Not Have a Good Relationship

question 40

Multiple Choice

Joclyn and her son do not have a good relationship. She recently divorced his father, and the boy, who is just 7 years old, chose to go live with him instead of her. Joclyn and her ex do not have a custody agreement in place at this time, but he regularly allows her to see the son whenever she desires. The boy does not enjoy his visitation. The boy dislikes his mother so much, for no apparent reason, that he demanded his father take her life. The boy threatened him and said if he did not cooperate, he would kill the father instead and go off on his own. He is a feisty 7-year-old. The father, afraid for his own life, makes an elaborate plan to kill Joclyn and attempts to take her life. She manages to live through the attack and has reported it to the police. Will the ex-husband be able to successfully utilize the defense of duress?

• A) Yes, because it is a subjective standard and he feared for his life.
• B) Yes, providing a reasonable person would have also been afraid in that situation.
• C) No, because of the special relationship possessed by the family members.
• D) Only if the other elements of the defense are met.

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