Justifications and Excuses in Criminal Law: Case Analyses

Duress and Bank Robbery: Adam's Case

As Adam leaves the bank and approaches his car, he sees his wife behind the wheel with an unknown man seated next to her, holding an object to her side. Another man approaches Adam and informs him that he and his partner will kill Adam's wife unless Adam robs the bank and returns to the parking lot within five minutes. The man hands Adam a stick-up note and a fake gun. Adam robs the bank and delivers the money to the men. Adam is subsequently arrested for bank robbery.

There have been cases in the past where innocent individuals were forced to rob banks — threatened at gunpoint, with family members held hostage, or even fitted with explosives and told a bomb would detonate if they refused. In 2012, a woman was forced to rob a bank while a gunman held her children hostage at home (Velasquez, 2012). Under such circumstances, a defendant must prove that he was not a willing participant but was, in fact, a victim. The defense of duress requires corroborating evidence to be credible.

To establish this defense, Adam would need to produce the fake gun or demonstrate that the stick-up note was not written in his handwriting. His wife's testimony would be valuable, but additional corroboration would strengthen the case considerably. For example, if the bank teller with whom Adam interacted noticed that he appeared visibly upset or fearful — rather than forward and confident — that observation could support his account. The totality of such evidence would be essential for a successful duress defense.

Bigamy and Honest Mistake: Charles's Case

After a whirlwind romance, Charles marries Caroline. The relationship sours and Caroline leaves. Some months later, Charles receives a divorce petition along with a letter from Caroline's lawyer stating that unless he contests, the divorce will be granted in 90 days. Charles remarries two years later, this time to Delia. Delia, convinced that Charles is being unfaithful, hires a private detective to investigate him. The detective discovers that Charles's divorce from Caroline was never finalized because Caroline failed to pay the required court fees. Delia reports the matter to her brother, a police officer, and Charles is arrested for bigamy.

According to the Model Penal Code, as long as Charles legitimately and honestly believed his first marriage was legally dissolved, he may use that belief as a defense against bigamy charges (Loewy, 1975, p. 131). Because he genuinely understood that he and Caroline were divorced, he cannot be successfully prosecuted for bigamy on those facts alone. If, however, the prosecution can demonstrate that Charles knew his divorce was not final — that he was aware Caroline had not paid the required fees — then bigamy charges could be sustained.

Parental Liability and Firearm Access: Bob and Brandy's Case

Bob and Brandy own a pistol registered in Bob's name. They keep it in the drawer of their bedroom nightstand. One day, their eight-year-old son, Tom, is playing in the room with his friend Sandy. Tom finds the pistol and accidentally shoots Sandy.

In situations like this, parents are typically held accountable for their children's access to unsecured firearms. In 2013, for instance, a man was charged with endangering the welfare of a child and disorderly conduct after his four-year-old fatally shot a six-year-old with the family's gun (Jones, 2013). Firearm safety guidelines consistently advise gun owners to store weapons securely and unloaded, particularly in households with children. In this case, the pistol was kept in an easily accessible location and was apparently loaded — both of which represent serious lapses in responsible gun ownership on the part of the parents.

As for Tom's age, children under seven are generally not held criminally accountable because they are presumed incapable of understanding the severity of their actions. At eight years old, Tom occupies a more ambiguous legal position. He would likely be ordered to attend counseling to address the psychological impact of the incident and to prevent future accidents. However, with respect to criminal charges, the parents are far more likely to face legal consequences than Tom himself. His age would serve as a significant mitigating circumstance, substantially reducing, if not eliminating, his criminal exposure.

Works Cited

Jones, D. (2013). Anthony Senatore charged after son, 4, fatally shoots friend Brandon Holt. Reuters / Huffington Post.

Loewy, A. (1975). Criminal Law in a Nutshell (2nd ed.). West Publishing Company.

Velasquez, A. (2012). Woman forced to rob was dating gunman, investigators say. KOAT Albuquerque. Albuquerque, NM.