6.5 Duress, Coercion or Compulsion (Legal Excuse) is an excuse in criminal law that a person can use to justify their actions if they were forced to do so by another person. It is a form of defense which claims that the accused was under such pressure that it would have been impossible for them to act in any other way. This means that they did not have any other reasonable option than to act as they did, and therefore should not be held criminally liable for their actions. The three main types of duress, coercion, or compulsion are physical, psychological, and legal. Physical duress is when a person is compelled to act by physical force or the threat of physical force. This could be a physical attack or threat of physical attack, or even the threat of being kidnapped or held against one’s will. Psychological duress is when a person is compelled to act by emotional or mental pressure. This could be the threat of harm to oneself or a loved one, or the threat of extreme embarrassment or humiliation. Legal duress is when a person is compelled to act by a lawful authority, such as a court order. This could be a court order to pay a debt or to comply with a certain law. In all cases, a person must be able to prove that they were under duress, coercion, or compulsion in order for it to be accepted as a legal excuse.
6.5 Duress, Coercion or Compulsion (Legal Excuse)
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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.
These actions may include extortion, blackmail, or even torture and sexual assault. For example, a bully may demand lunch money from a student where refusal results in the student getting beaten. Common-law systems codify the act of violating a law while under coercion as a duress crime.
Thompson, 63 M.J. 228 (the defense of duress applies when the accused has a (1) reasonable apprehension that (2) the accused or another innocent person would (3) immediately suffer death or serious bodily injury if the accused did not commit the act; a reasonable apprehension does not exist if the accused has any
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.
Examples of Coercion 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. This agreement is believed to be coerced. A man is captured by the enemies of his home country who make him fight against his country by threatening his life.
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.
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. The defense must establish that a reasonable person in the defendant's position also would have committed the crime.
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.