Defense of Duress
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.