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Williams v. Maryland9/1/1994
ation in which it was probable that he would be subjected to duress. Though this provision may have the effect of sanctioning conviction of a crime of purpose when the actor's culpability was limited to recklessness, we think the substitution is permissible in view of the exceptional nature of the defense. The provision will have its main room for operation in the case of persons who connect themselves with criminal activities, in which case too fine a line need not be drawn.
Id. at 8. Additionally, the Explanatory Note to the Duress section of the Model Penal Code and Commentaries indicate that
subsection (2) deprives the actor of his defense if he recklessly placed himself in a situation in which it was probable that he would be subjected to duress. Thus, an actor reckless in this respect can be liable for offenses that carry a higher culpability standard than recklessness.
ALI, Model Penal Code and Commentaries, § 2.09 at 367 (1985).
In 1 Wharton's Criminal Law § 52 (C.E. Torcia, 15th ed. 1993), the author notes that "the defense of duress is not available if the defendant intentionally or recklessly placed himself in a situation in which it was reasonably foreseeable that he would be subjected to coercion." (footnote omitted). See also 1 Wayne R. LaFave and Austin W. Scott, Jr., Substantive Criminal Law § 5.3 (1986) (noting that "the defense of duress ... is a common law defense, applicable in appropriate cases although no statute makes it so."); 22 CJS Criminal Law § 52 (1989 & Supp. 1994).
The reasoning of these cases and other authorities is persuasive and correctly states the law applicable in instances where the actor's contributory actions bar the availability of the defense of duress. These authorities make it clear that the defense of duress is founded in the common law and, as stated by the drafters of the Model Penal Code, does not provide "exculpation if the actor recklessly placed himself in a situation in which it was probable that he would be subjected to duress." ALI, Model Penal Code § 2.09 (Tentative Draft No. 10, 1960). Additionally, we note that many of the statutes enacting the defense of duress substantially adopt the Model Penal Code definition of duress. See e.g., Knight, 611 A.2d at 1202-03 (quoting 18 Pa. Cons. Stat. Ann. § 309(b)); Walker, 674 P.2d at 827 (quoting Alaska Stat. § 11.81.440(b)). As noted previously, the Maryland General Assembly has not codified the defense of duress. Based upon the authorities cited above, we hold that where an actor recklessly (as defined in § 302 of the Model Penal Code) places himself or herself in a situation where it is probable that he or she would be subjected to duress, the defense of duress is unavailable. In so holding we are particularly mindful of the Model Penal Code drafters' reasoning that
though this provision may have the effect of sanctioning conviction of a crime of purpose when the actor's culpability was limited to recklessness, we think the substitution is permissible in view of the exceptional nature of the defense. The provision will have its main room for operation in the case of persons who connect themselves with criminal activities, in which case too fine a line need not be drawn.
ALI, Model Penal Code § 2.09 (Tentative Draft No. 10, 1960).
Because Williams's prior conduct contributed mightily to the predicament in which he later found himself, the trial
court did not err in concluding that the defense of duress was inapplicable to the instant case. Here, the evidence reveals that Williams voluntarily became involved with the Eubanks' drug organization. It is unrefuted that Williams borrowed money from
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