No, you can't be convicted of murder in this situation, and no, you don't have to prove you tried to stop the crime. The only reason McMillan was charged with murder is because it happened during a robbery he allegedly helped with. But if he was forced ('under duress') to help with the robbery, he has a valid excuse for that crime. It's not fair to say he's excused from the robbery but still guilty of murder. The old rule that 'duress' is not an excuse for murder applies when you intentionally kill someone, not when you are forced to be part of a different crime where your partners unexpectedly kill someone. The trial judge should have let the jury hear his duress defense.

Yes, in Maryland, you can use duress as a defense for felony murder (a murder that happens during another crime like robbery), even if you didn't actually kill anyone yourself. The court said McMillan showed enough evidence that he might have been forced to participate, so the jury should have been allowed to consider that. Because of this, the court overturned McMillan's conviction and said he should get a new trial.

Yes, duress is available as a defense, and No, a defendant is not required to prove an attempt to stop the crime. The defense of duress is available against a charge of felony murder because liability for felony murder is predicated on the commission of the underlying felony. It would be illogical and unjust to exonerate a defendant for the underlying felony (here, robbery) on the basis of duress, yet still convict them of a murder that is only chargeable because of that same felony. The traditional common law rule barring the duress defense for the intentional taking of an innocent life does not apply when the defendant was coerced into a non-homicidal felony and co-felons unexpectedly committed the killing. A defendant need only produce 'some evidence' on each element of the duress defense to be entitled to a jury instruction. The established elements of duress in Maryland do not include a requirement that the defendant attempt to thwart the crime after their coerced participation has ended, as this would improperly conflate the defense with the separate legal concept of withdrawal from a conspiracy.

Yes, duress is a defense to felony murder in Maryland because the rationale for barring the duress defense in murder prosecutions does not apply when the defendant did not directly commit the murder but participated in the underlying felony under duress. The Court disagreed with the lower courts' requirement that a defendant must have attempted to stop or thwart the offense to establish the defense. The Court held that McMillan provided 'some evidence' of duress, which justified a jury instruction on the defense. Therefore, the Court reversed the judgment of the Court of Special Appeals and remanded for a new trial.

McMillan v. State

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