definition of duress
This is a discussion on definition of duress within the Other Criminal Law Matters forum, part of the CRIMINAL LAW, ARRESTS, TRAFFIC TICKETS category; See below JJ: -In criminal law, duress is a defense to a crime if the defendant was compelled or coerced ...
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#1 |
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See below JJ:
-In criminal law, duress is a defense to a crime if the defendant was compelled or coerced to commit the crime by some human agency, prior to a safe avenue of escape being available, under a threat of serious imminent harm to the defendant or others, and the crime is of a lesser magnitude than the harm threatened. Duress consists of threatening conduct which produced the following three elements in the accused: a reasonable fear; the fear must be of an immediate [imminent] harm; and, that harm must be death or serious bodily harm. Duress is a also a defense asserted against enforcement of a contract. It is an illegal actual or a threatened violence or restraint of someone, to compel him to enter into a contract, or to excuse performance of a contract. A legal constraint, or the threats only of doing that which the party using them had a right to do, does not invalidate the contract. |
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#2 |
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much obliged!!
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