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Fill and Sign the United States of America Plaintiff Appellee V Kathy Form

Fill and Sign the United States of America Plaintiff Appellee V Kathy Form

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15 Coercion and Intimidation It is the theory of the defense in this case that although the Defendant may have committed the acts charged in the indictment, the Defendant did not do so voluntarily but only because of force or coercion in the form of intimidation and threats of bodily harm to t he Defendant [ or to t he Defendant' s family]. In order t o excuse an act t hat would otherwise be criminal, however, the intimidation or coercion must be present and immediate, and must be of such a nature that it induces a reasonable and well-founded fear of death or serious bodily injury t o one's self or someone else; and there must be no reasonable opportunity to escape the coercion without participating in the crime. If the evidence in the case leaves you w it h a reasonable doubt t hat the Defendant acted willfully as charged, t hen it is your duty to find the Defendant not guilty. ANNOTATIONS AND COMMENTS Unit ed States v. Lee, 694 F.2d 649 (11th Cir. 1983), cert. denied, 460 U.S. 1086, 103 S.Ct. 1779, 76 L.Ed.2d 350 (198 3) articulates the general rule that this instruct ion is appropriate only when there is evidence that the Defendant act ed under threat of imminent physical harm without opportunity t o escape or summon the authorities.

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