Duress: Meaning, Defense, Example and FAQs

Duress is the use of force, false imprisonment, coercion, threats, or psychological pressure to force someone to behave against their will or best interests. A defendant who is forced to commit a crime out of fear of grave and immediate danger to himself or others may also use the defense of duress against the prosecution. A person may be put under duress by an unlawful practice of economic coercion, which increases the possibility that they will unintentionally engage in unsafe financial behavior.

Key Takeaways:

• The term ‘duress’ refers to any situation in which someone is coerced, threatened, or is under psychological pressure to perform against their will.
• A person may be handled differently in court if they are behaving under duress since they are not doing so voluntarily.
• When a person or company is facing financial difficulties, there are frequently no effective ways to get out of their current situation.

In criminal law, claiming duress is used as a defense. A defendant will argue that they committed the alleged offense because they were coerced into doing so by threats or acts of violence from another person. These threats were supposed to coerce someone into doing something they otherwise would not have, much like forcing someone to sign a contract under duress.

Typically, elements of duress in a criminal prosecution consist of the following:

1. Imminent Risk of Harm: Involves the presence of immediate danger to the defendant’s physical well-being or life.

2. Anticipation of Harm: The defendant foresees potential harm or damage to themselves or others due to the coercive actions.

3. Absence of Protection: The belief that no other action can shield the defendant from the threatened violence except committing the offense.

4. Denial of Free Will: When the defendant is unable to exercise their own judgment and act according to their own volition due to external coercion.

5. Legal Assertion: Defendants may use duress as a defense in criminal prosecutions if they were coerced by others into committing the offense or acting against their will.

• Ryan engages in coercive behavior towards his brother Sam.
• Ryan makes unlawful threats against Sam.
• Sam feels compelled to sign an agreement or execute a will against his will.
• Sam is considered to be under duress.
• Legal implications here is that Sam may challenge the agreement or will in court, citing duress.

In conclusion, Ryan’s coercive actions undermine the validity of Sam’s decisions, highlighting the legal significance of duress in protecting individuals from involuntary agreements. Sam may seek recourse through legal avenues to invalidate the agreement or will due to the duress imposed by Ryan.

The use of psychological pressure or threats to coerce someone into doing something against their will is known as duress. Under contract law, duress is a defense available to the defendant in cases where the plaintiff is coerced into committing a crime against their will by threats. A party may repudiate a contract, making it void, if they were coerced into doing so by another party.

Which kinds of duress are there?

Physical duress (physical harm threats), economic duress (money threats), and psychological duress (manipulation, dishonesty, or emotional pressure) are the three main categories of duress.

What is the difference between duress and necessity?

The defense of necessity entails breaking the law in order to stop someone else from being in danger. In court, the defenses of necessity and duress can both be used to demonstrate that there was no other option than to carry out the unlawful act. The two concepts are different, though, in that necessity refers to choosing between two evils, whereas duress is brought on by the conduct of another person.

What is the difference between coercion and duress?

Although coercion and duress are two different aspects of a situation, they are sometimes used synonymously. When someone is under duress, their attitude is being used to coerce them into doing something, whereas coercion refers to the acts taken by the other side (e.g., threats of bodily or financial harm).

What does duress mean in criminal law?

In criminal law, claiming duress is used as a defense. A defendant will argue that they committed the alleged offense because they were coerced into doing so by threats or acts of violence from another person. These threats were supposed to coerce someone into doing something they otherwise would not have, much like forcing someone to sign a contract under duress.

What is economic duress?

When one party uses illegal economic pressure to force another into signing a contract they would not have otherwise agreed to, this is known as economic duress. It may also happen when one party makes a threat to end an ongoing agreement unless the other side consents to sign a new one.

Reference:

• New York State Unified Court System
• Cornell Law School

Note: The information provided is sourced from various websites and collected data; if discrepancies are identified, kindly reach out to us through comments for prompt correction.