Keith Mack
Coercion is a legal term that refers to the use of threats, violence, or other intimidating behaviour to compel someone to act against their will. It is a crime in itself and can also be used as a defence in criminal prosecutions. While a person can still be charged with a crime even if they were coerced into committing it, they may be able to argue that they only did so under duress, which could result in a lesser sentence. To prove duress, a defendant must show that they had a reasonable fear of death or serious harm, that they had no way to escape the situation, and that they did not force this situation to occur.
| Characteristics | Values |
|---|---|
| Definition of Coercion | Coercion is "the use of express or implied threats of violence or reprisal (such as discharge from employment) or other intimidating behaviour that puts a person in immediate fear of the consequences to compel that person to act against his or her will." |
| Duress | "Duress" and "coercion" are often interchanged. Black's Law Dictionary defines duress as "any unlawful threat or coercion used... to induce another to act [or to refrain from acting] in a manner [they] otherwise would not [or would]." |
| Coercion as a Defence | A criminal defendant may claim they were coerced into committing a crime if they didn't put themselves in a dangerous situation through negligence. This defence requires: an immediate threat of serious bodily harm; reasonable fear that the threat would be carried out; and no good opportunity to escape. |
| Duress Defence | The "duress defence" is a strategy that can be used to show that a crime was committed under duress, which may lead to a lesser sentence or reduced charges. This type of defence is not likely to be accepted in murder trials. |
| Coercion in Different Contexts | Coercion can occur in various contexts, including criminal charges, civil litigation, contract law, and domestic violence cases. |
| Criminal Coercion | Criminal coercion is classified as a misdemeanour and involves threatening to commit a crime, accusing someone of a crime, or taking or withholding official action to restrict another person's freedom of action. |
What You'll Learn
Duress as a defence
Duress is a legal defence that can be used in criminal cases where the defendant was forced or compelled to commit a crime due to threats or other coercive circumstances. It is a recognition that, while the defendant had the mens rea (criminal intent) for the crime, they were acting out of compulsion and not exercising their freedom of choice.
The defence of duress is available when the defendant can prove that they were subjected to threats of death or serious bodily harm, which caused them to fear for their safety or that of their loved ones. The threat must be imminent and directly linked to the crime committed. The defendant must also show that they had no reasonable opportunity to escape the situation or seek police protection.
It is important to note that duress cannot be used as a defence for certain crimes, such as murder, attempted murder, and treason. Additionally, if the defendant voluntarily joined a criminal organisation or put themselves in a position where they became subject to coercion, the defence of duress may not be available to them.
The defence of duress is a complex area of criminal law, and the burden of proof lies with the defendant to show that they were, indeed, acting under duress. A successful defence of duress can result in an acquittal or reduced charges and a lesser sentence.
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Criminal coercion laws
In legal terms, a person acting under coercion is often said to be acting under "duress". While the line between subtle intimidation and coercion can be blurry and challenging to prove, it is essential to understand that coercion can be a criminal offence in itself. Federal and state laws in the US, for example, recognise criminal coercion and define it as the use of intimidation or threats to force or prevent someone from doing something they have a legal right to do or not do.
It is important to note that being coerced into committing a crime does not necessarily exempt an individual from criminal responsibility. While a "duress defence" may be argued, it is not always successful, and the specific circumstances of each case must be carefully examined. To establish a successful duress defence, an individual must typically demonstrate that they were under an immediate threat of serious bodily harm, had a reasonable fear that the threat would be carried out, and had no viable opportunity to escape or resist the coercion.
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Coercion in contract law
For a contract to be legally enforceable, both parties must have entered into it willingly. If coercion is involved, the contract is typically deemed void and unenforceable. This is because coercion is considered a form of duress, which is a legal defence against the enforcement of a contract.
The specific laws and standards for contract coercion vary by jurisdiction, so it is important to be aware of the local laws. However, in general, if a party to a contract can prove that they were coerced, the contract may be rescinded, meaning the entire agreement is cancelled and both parties are released from their responsibilities.
The defence of 'unclean hands' can be used in cases of contract coercion. This means that if both parties are found to have coerced each other, the contract would still be cancelled, even though both are guilty of coercion.
If you believe coercion was involved in the formation of a contract, it is recommended to consult a business or contract lawyer who can examine the circumstances and determine if you were coerced into signing.
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Coercion in employment law
In the United States, federal laws prohibit coercion in certain contexts, including political activity and employment, sex trafficking, commerce, housing, and contract law. For example, the 5 U.S. Code § 6385 prohibits employees from intimidating, threatening, or coercing other employees to interfere with their rights under the respective subchapter.
While there may be no specific laws protecting employees from being coerced to say something uncomfortable, they can seek legal advice and explore remedies for wrongful termination. Additionally, if coercion involves covering up illegal activities or discrimination, employees may have grounds to consult with an employment attorney.
Coercion in employment can lead to an unhealthy work environment, demoralize staff, and create difficulties in effective human resource management. It limits employee choices and can result in resentment, high turnover rates, and even legal consequences if it prevents employees from exercising their rights.
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Coercion in medical settings
The use of coercion in medical settings can have significant implications for patients' dignity, autonomy, and sense of self-worth. It is crucial to carefully assess each situation and consider the potential benefits and harms of coercive measures. Additionally, the relational nature of medical care should be considered, as coercion can impact the patient-caregiver relationship and the patient's perception of dignity and respect.
The justification for coercion in medical settings often revolves around the principles of beneficence and non-maleficence. Beneficence refers to promoting well-being, while non-maleficence means avoiding harm. In the context of coercion, these principles may be balanced against the patient's autonomy and self-determination. However, it is important to prioritize the patient's long-term interests and well-being over short-term infringements on their rights.
The use of coercion in medical settings is regulated by legal frameworks and professional guidelines, which vary across countries and medical specialties. These regulations aim to protect patients' rights and ensure that coercion is used appropriately and ethically. However, it is essential to recognize that even with legal permission, the ethical justification for coercion must still be carefully evaluated.
The decision to use coercion in medical settings should be made through a transparent and balanced evaluation process. This includes considering the patient's decision-making capacity, the severity of their condition, the potential risks and benefits, and the availability of alternative approaches. It is also crucial to involve patients and their relatives in the decision-making process whenever possible.
Furthermore, the use of coercion in medical settings should be continuously evaluated and alternatives should be sought to reduce its use. This may include de-escalation techniques, advance directives, and other approaches that prioritize patient autonomy and well-being. By actively seeking alternatives and justifying the use of coercion, clinicians can ensure that patients' rights and dignity are respected while also addressing safety and therapeutic goals.
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Frequently asked questions
Coercion is when one party intimidates or uses threats to force someone to act against their will. It involves a set of forceful actions that violate the free will of an individual to induce a desired response.
Coercion can be used as a defence in criminal prosecutions. If the accused can prove that they committed a crime as a direct result of coercion, they will be acquitted. However, this defence does not work in murder trials.
A duress defence is when someone accused of a crime argues that they only committed it because they were coerced. If the accused can show that they had a reasonable fear of death or serious harm, that they had no means of escape, and that they did not force the situation to occur, they may be acquitted or have their charges reduced.
