Tonight I watched a CSI Miami ep which was terrible. That being said, I have some questions.
In the episode, our stylish heroes pick up some dude covered in blood in the middle of a busy downtown street. He’s got the blood of 3 different people on him (which we later learn is the blood of a family thanks to 30 seconds of EXPOSITION (“Molasses and TNT? Gee whilikers, that’s gotta be the old cove!”) and 5 seconds of INSTANTANEOUS YET COMPLICATED LABORATORY SCIENCE ON 50" TELEVISION SCREENS) and he’s pleading amnesia. OH NO! Does he really have amnesia or is he faking?!? OMG! Some guy named Delco (is he from the family that makes parts for GM? If so (and he were real) I would know where to send several scathing letters beginning with “Dear Fuckheads”, but I digress) believes his amnesia is real and starts getting pissy with the other stylish gun toting lab techs who think he’s faking. There’s also some kind of sexual tension going on between Delco and some blond chick who annoys me for some reason, but apparently I missed ep# 292: “Lab People Fucking”.
Anyhoo, it turns out that some other guy (surprise! Holy fuck, M. Night’s got nothing on the crack team at CSI Miami) held a gun to amnesia guy’s head and got him to stab the father to death after he wandered into the house where he was doing handyman work. By this time, gun toting guy had already stabbed the mother and daughter to death and wanted evidence pointing to someone else to confuse the labcops. Also, Mr. Handyman had already seen his father’s bloody stabbed corpse when he was a kid and this is why he got amnesia…his mind couldn’t deal or whatever.
OK. So at the end of the ep, handyman asks Overly Dramatic Redhead guy, “yo, what’s going to happen to me? And why do you keep taking your sunglasses on and off?” and he answers that they’ll probably try him for 2nd degree murder. So my question is: if someone who has already (presumably) stabbed a mother and a 10 year old kid to death has a gun to your head and coerces you to stab someone else, are you likely to be tried for 2nd degree murder? Something less? Nothing?
It probably varies from jurisdiction to jurisdiction, but the common law position is that duress cannot be used as a defence to murder. So you’d definitely be charged with something. I’d imagine that the accused in such cases would be viewed with some degree of sympathy by the jury so a prosecutor would probably go for a manslaughter charge rather than all-out murder. But again, depends where the case is tried.
I’d say that a plea bargain and/or immunity for testifying against the gun-toter would also be there… but that doesnt stop the initial charges from being filed.
I saw the episode and the ME showed up in an outfit that was more appropriate to a nightclub, but anyway… amnesia guy dies not remember the crime at all, does not remember having a gun pointed to his head, and does not remember the other guy at all. He could not testify against anyone else and it’s in fact rauther doubtful that he could meaningfully contribute to his own defense or someone else’s prsecution.
I think he would be charged with second degree murder, it would be plead down to manslaughter and his sentence would be somewhat lenient, but as far as I know as ruadh there are no legal provisions to prevent a murder charge under circumstances of extreme duress, but the mitigating factors would likely be considered when deciding on an appropriate punishment.
And that whole episode was stupid.
ETA: And personally, with the other victims around me, and a gun to my head, I would probably assume “I’m next” and rather than stabbing somebody else, it would have ended with me slashing wildly at the maniac killer in a last, panicked effort to get away. It would totally be a purely adrenalized flight/fight, slash at the killer and try to run thing. (And I’d probably be shot.)