Justification refers to a legal defense in which the accused person claims that their actions were justified, or morally right, in the given situation. This is typically used to reduce or eliminate criminal liability. Justifications can include self-defense, necessity, duress, coercion, and/or public duty. Duress is a form of justification that is based on the belief that the accused person was forced to commit a crime due to the threat of imminent danger or harm. This defense could be used in cases involving physical threats or threats of physical harm, economic threats, or psychological pressure. Coercion is another form of justification that is based on the belief that the accused person was forced to commit a crime due to the threat of an unlawful act or harm. This defense could be used in cases involving physical force, psychological pressure, or economic pressure. Both duress and coercion require that the accused person demonstrate that they had no other reasonable option or choice but to commit the crime.
Justification, Duress, or Coercion
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FAQ
Coercion (/ko????r??n, -??n/) involves compelling a party to act in an involuntary manner by the use of threats, including threats to use force against that party. It involves a set of forceful actions which violate the free will of an individual in order to induce a desired response.
Requirements of Duress The party is in immediate threat of serious bodily harm or death. The threat made to the victim must be constant.The party believes that the perpetrator of the act will carry out the threat.There is no opportunity to escape safely, except by committing the unlawful act.
Difference between duress and coercion While duress is exercised concerning the life threats to an individual or his/her family or close relatives, coercion can be exercised against any person. Duress causes an imminent threat to an individual while coercion does not cover the ambits of imminent threat.
Physical coercion and threats of harm are common examples of conduct that constitute duress. Another form of conduct that might constitute legal duress includes wrongfully withholding a party's property, or threatening to wrongfully withhold the property until a contract is signed.
The defense can arise when there's a threat or actual use of physical force that drives the defendant?and would've driven a reasonable person?to commit a crime. A classic example is someone holding a gun to the defendant's head to force the defendant to break the law.
Examples of Coercion A tells B he will hurt him if he doesn't give him his car. B gives A his car, causing his agreement to be coerced. A threatens to hurt B if he doesn't give his son, C, a large sum of money. B believes the threat and gives C the money.
Contracts Entered Under Duress Duress to an Individual. When an individual enters into a contract because of threats to that person physically, then the contract may be set aside as long as the threat of physical violence was the reason the person entered into the contract.Duress to Goods.Economic Duress.
While duress is not a justification for committing a crime, it can serve as an excuse when a defendant committed a crime because they were facing the threat or use of physical force.