How does the defense of coercion work?

Learn how the defense of coercion works in criminal law, including what must be proven to establish a defense, the elements required, and how it differs from other defenses like self-defense or duress.

How does the defense of coercion work?
Addison Nov-15-2024 06:00:05
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How does the defense of coercion work?

In criminal law, the defense of coercion (or duress) is used when an individual commits a crime as a result of being threatened with serious harm or death. To establish a defense of coercion, certain elements must be proven:

Elements of Coercion Defense:

  • The individual acted out of a reasonable fear of imminent harm.
  • The fear of harm was serious enough to compel the individual to commit the crime.
  • There were no reasonable alternatives available to avoid the harm.

Unlike self-defense, which is used when an individual acts to protect themselves from harm, coercion involves committing a crime to prevent harm to oneself or others. Additionally, coercion differs from duress in that duress typically involves a direct threat from another person, while coercion may involve broader circumstances putting pressure on the individual.

How it differs from other defenses:

Coercion differs from self-defense in that the individual is not directly defending themselves but rather trying to avoid harm by committing a crime. It also differs from duress in that the threat causing the coercion may not come directly from another person.

Overall, the defense of coercion in criminal law provides a way for individuals who have been forced into committing a crime under threat of serious harm to avoid conviction.

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answered 15 Nov 2024

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