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.
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:
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.
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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