Duress
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- For English law on the criminal defence, see duress in English law. For contract law, see Duress (contract law)
Duress or coercion (as a term of jurisprudence) is a possible legal defense, one of four of the most important justification defenses[1]
[edit] Discussion
In this situation, the defendant has actually done everything to constitute the crime and has claimed "duress" authenticating the crime, making it the equivalent of pleading guilty. He or she intended to plead "duress" in fear of actually be proven guilty in a court of law. Thus, some degree of culpability already attaches to the defendant for what was done. In the criminal law, the defendant's motive for breaking the law is usually done with malice intended, although, if the reason for acting was a form of justification, this may reduce the sentence.
Duress is a defence used when the defendant is effectively forced to commit the crime, following a threat of death or serious injury. The defence cannot be used for cases of murder (even for participants of a murder [following Howe (1987)]), cases of attempted murder (stated in the obiter dicta of Howe (1987) and confirmed in the case of Gotts (1992)) and some forms of treason.
- Cases are in reference to the case law of England and Wales.
[edit] Requirements
In order for duress to qualify as a defense, four requirements must be met:[1]
Duress occurs when a person has been deprived of his free will by means of a threat of violence or threat to personal liberty. A person acting under duress might not be held liable for the crimes he has committed. When a person raises a duress defense, the accused admits to committing the crime, but typically asserts that his actions should be excused due to the duress.
A person may also raise a duress defense when force or violence is used to compel him to enter into a contract, or to discharge one.
[edit] References
- ↑ a b Gaines, Larry; Miller, LeRoy (2006). Criminal Justice In Action: The Core. Thomson/Wadsworth. ISBN 0-495-00305-0.
Westen & Mangiafico, The Criminal Defense of Duress: A Justification, Not an Excuse - And Why It Matters, (2003) Vol. 6 Buffalo Criminal Law Review, 833.ko:속박
