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    SmartBrief enables case brief popups that define Key Terms, Doctrines, Acts, Statutes, Amendments and Treatises used in this case.

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    Criminal Law keyed to Dripps

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    Criminal Law Keyed to DresslerCriminal Law Keyed to Ohlin

    People v. Anderson

    Citation:

    28 Cal.4th 767, 122 Cal.Rptr.2d 587, 50 P.3d 368.
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    Facts

    Defendant and a group of other campers believed that another camper, Margaret Armstrong,  had molested two girls residing in a camping area near Eureka. The defendant and the group confronted Armstrong and dragged her to a nearby field where they beat her, duct taped her mouth and tied her naked to a bush. Later, defendant and Ron Kiern, the father of one of the girls, were in Kiern’s car when they saw Armstrong going down a street away from the campsite. They grabbed Armstrong and forced her into the car. They then put her in a sleeping bag, wrapped it in duct tape, and placed Armstrong in the trunk of the car. Kiern and witnesses testified that the defendant picked up a large rock and brought it to the trunk and Kiern hit Armstrong with the rock. Defendant then dropped a small boulder onto her head, picked up the rock, and handed it to Kiern telling him to drop it on Armstrong or something would happen to his family. After killing Armstrong, Kiern and the defendant disposed of her body by rolling it down a ravine. The defendant testified that it was Kiern who directed him to find a large rock, that Kiern threatened to beat him up if he did not comply, and that Kiern had hit Armstrong over the head with the rock multiple times. Kiern plead guilty to second degree murder. 

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    Case Quiz

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    Q.1 - In People v. Anderson, the Court rejected the duress defense to all degrees of murder. Which of the following most accurately reflects how the Court’s statutory and jurisprudential rationale integrates with the broader theory of malice in California homicide law?
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    Incorrect. The Court did not limit the ruling to implied malice; it applied the rule categorically.
    Correct! The majority reasoned that duress is an excuse that does not negate the presence of malice — it does not erase the actor’s mental state, but merely explains it, which is insufficient for exoneration in homicide. This aligns with California’s theory that malice includes conscious disregard even under threat.
    Incorrect. Necessity and duress were not equated, nor was historical exclusion framed in that way.
    Incorrect. The ruling relied on statutory interpretation, not pure policy grounds.
    Q.2 - Which interpretive approach did the dissent (Justice Kennard) advocate concerning the scope of Penal Code §26, and how did it diverge from the majority’s methodology?
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    Correct! Justice Kennard advocated a narrower reading, arguing that §26 excludes duress only in capital cases based on legislative history and historical interpretation, diverging from the majority’s rigid categorical application to all murders.
    Incorrect. The dissent did not support total exclusion; the majority did.
    Incorrect. Kennard did not argue legislative silence favored inclusion.
    Incorrect. She did not use separation of powers to justify narrowing.
    Q.3 - How does the Anderson majority’s categorical exclusion of duress from murder liability most directly implicate the principle of legality (nullum crimen sine lege) in U.S. constitutional jurisprudence?
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    Incorrect. The Court did not rely solely on common law but on statute.
    Incorrect. The Court interpreted §26 as unambiguous.
    Correct! By strictly adhering to Penal Code §26 and refusing to judicially expand duress as a defense, the Court reaffirmed the principle of legality: courts may not invent defenses absent legislative authorization.
    Incorrect. Duress was treated as a legal excuse, not merely a moral plea.

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    Topic Resources

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    Defenses

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