Coercion as a Legal Defense: Understanding Its Application in Criminal Law

Coercion as a Legal Defense: Understanding Its Application in Criminal Law

In criminal law, coercion (sometimes referred to as duress) is a legal defense where a defendant argues that they committed a crime because they were forced or compelled to do so under the threat of immediate harm. This defense, rooted in the principle that a person should not be held accountable for an act committed under extreme pressure, is complex and has various legal nuances depending on jurisdiction. Understanding how coercion operates as a defense and when it is applicable is crucial for both legal practitioners and individuals involved in criminal proceedings.

What Is Coercion in Legal Terms?

Coercion occurs when a person is forced to commit an illegal act due to the threat of immediate physical harm or death. The threat must be serious enough to compel a reasonable person to act against their will. For instance, if someone is threatened with a gun and told to rob a store, they may later claim coercion as a defense in court.

Legally, coercion is considered an affirmative defense, meaning that the defendant admits to committing the crime but argues that they were not acting voluntarily. This defense is designed to excuse behavior that would normally be punishable because the individual had no reasonable alternative to avoid the harm.

Key Elements of Coercion as a Defense

In order to successfully assert coercion (or duress) as a legal defense, certain critical elements must be established.

thelawtoknow.com/2024/10/25/coercion/

Taken on: October 25, 2024

Tags:

coercion

coerciondefense

legaldefense

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