Duress is a legal defence that arises when an individual commits a wrongful act under the threat of harm or coercion. It involves the use of unlawful force or pressure to compel someone to do something they would not otherwise do. Duress can take various forms, including physical violence, threats of violence, blackmail, or other forms of coercion. In legal proceedings, duress may excuse or mitigate the culpability of the individual who committed the wrongful act, as their actions were not voluntary or freely chosen. However, for duress to be a valid defence, the threat must be imminent, present, and sufficient to induce a reasonable fear of harm. Additionally, the individual must have had no reasonable alternative but to comply with the threat. Duress is generally not a defence to serious crimes such as murder, and its applicability may vary depending on the jurisdiction and the specific circumstances of the case.
n. the use of force, false imprisonment or threats (and possibly psychological torture or “brainwashing”) to compel someone to act contrary to his/her wishes or interests. If duress is used to get someone to sign an agreement or execute a will, a court may find the document null and void. A defendant in a criminal prosecution may raise the defence that others used duress to force him/her to take part in an alleged crime. The most famous case is that of publishing heiress Patty Hearst, who was kidnapped, raped, imprisoned and psychologically tortured until she joined her captors in a bank holdup and issued statements justifying her actions. She was later convicted of the bank robbery, but was eventually pardoned by President Jimmy Carter.
- obsolete Harsh treatment.
- Constraint by threat.
- legal Restraint in which a person is influenced, whether by lawful or unlawful forceful compulsion of their liberty by monition or implementation of physical enforcement; legally for the incurring of civil liability, of a citizen’s arrest, or of subrogation, or illegally for the committing of an offence, of forcing a contract, or of using threats.
There are three defences which can be described as duress:
- Duress by threat. The threat must be of death or serious personal injury. The defence is not available to threats against property. The accused must have had a reasonable belief in the threat and his decision to commit the crime in response must be reasonable. The defence will fail if the accused could reasonably have taken evasive action.
- Duress by circumstances. For example reckless driving bourne out of a belief that you are being followed by potential assassins.
- Necessity
The common law defence of duress is available to most criminal charges, with the notable exception of Murder. This means that, for example, a person who is forced by threats against himself or his family to place a bomb in a public place, which then explodes and kills someone, has no defence. If successful the defence of duress results in an acquittal.
Duress refers to the unlawful coercion or threat of harm that induces someone to act against their will or judgment, typically to enter into a contract or commit a criminal act.
Duress involves:
- Threats of physical harm or violence.
- Coercive tactics such as blackmail or extortion.
- Imprisonment or confinement.
- Other forms of severe pressure that leave the victim with no reasonable alternative but to comply.
Contracts entered into under duress are generally voidable at the option of the coerced party, meaning they can choose to enforce or rescind the contract.
Yes, duress can be used as a defence in criminal cases if the defendant can demonstrate that they were compelled to commit the crime under threat of imminent harm to themselves or others.
The evidence needed to prove duress may include:
- Threatening statements or actions made by the coercing party.
- Testimony from witnesses who observed the coercion.
- Documentation, such as letters or recordings, that support the victim’s claims of duress.
Yes, duress can be categorised into:
- Physical duress: Threats or acts of physical harm.
- Economic duress: Coercive tactics involving financial harm or deprivation.
- Emotional duress: Psychological manipulation or threats to emotional well-being.
Yes, if a confession or statement to law enforcement was obtained under duress, it may be deemed involuntary and inadmissible in court.
Victims of duress may seek remedies such as:
- Rescission of contracts entered into under duress.
- Damages for harm or losses suffered as a result of the duress.
- Injunctions or restraining orders to prevent further coercion or harassment.
Yes, victims of domestic violence may claim duress as a defence or justification for their actions in certain legal proceedings, such as divorce or child custody cases.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 29th March 2024.
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