Coercion is when someone forces another person to do something against their will using psychological pressure or physical force. It can be used as a defense in criminal cases, but not for homicide. In civil cases, coercion can arise in probate and contract law. If a will or contract was created under duress, it may be rendered invalid.
Coercion is a legal term used to describe a situation in which a person forces another person to do or refrain from doing something against their will. Usually, this is done using psychological pressure or physical force. Other actions used to force a person to behave in a certain way include deception and threats to cause harm to the person, his family or his property. In many jurisdictions, this is recognized as a defense to an act that would otherwise create liability, such as a felony, tort, or breach of contract. The term is often used interchangeably with coercion and can arise in both civil and criminal cases.
Under criminal law, a person who coerces another can be found guilty of the crime of coercion as well as the crime that was committed by the person under coercion. Coercion is sometimes used as a defense against a person accused of committing a crime. In stating this defense, the defendant generally argues that she did not commit the crime on his own free will. Rather, another person made him commit the crime using physical force or by threatening serious bodily harm or even death.
If a defendant can prove that he was coerced into committing a crime, the charges against him are normally dropped. An exception to this general rule is homicide, which is indefensible on the grounds of duress in most jurisdictions. Furthermore, a defendant cannot be acquitted of the crime unless he has been subjected to a significant amount of coercion. For example, threats to the defendant’s reputation or minor bodily harm cannot justify a defendant from committing a crime under duress.
In civil law cases, coercion can arise in matters of probate. For example, a person may intimidate a testator into writing a will a certain way against the testator’s wishes. If the offender is a trustee, who is held to certain standards of trust, confidence and good faith, this is called undue influence. If a will was created under duress or undue influence, the document will likely be rendered invalid in probate.
Coercion emerges in contract law when a person unlawfully pressures another person to agree to certain contractual terms and conditions. Typically, a person who enters into a contract under duress can void the contract and is not required to abide by its terms. If the contract is later ratified, however, it will be validated.
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