duressdʊˈrɛs, dyʊ-, ˈdʊər ɪs, ˈdyʊər-
duress (n)
English Definitions:
duress (noun)
compulsory force or threat
"confessed under duress"
duress (Noun)
Harsh treatment.
duress (Noun)
Constraint by threat.
duress (Verb)
To put under duress; to pressure.
Duress
In jurisprudence, duress or coercion refers to a situation whereby a person performs an act as a result of violence, threat or other pressure against the person. Black's Law Dictionary defines duress as "any unlawful threat or coercion used... to induce another to act [or not act] in a manner [they] otherwise would not [or would]". Duress is pressure exerted upon a person to coerce that person to perform an act that he or she ordinarily would not perform. The notion of duress must be distinguished both from undue influence in the civil law and from necessity. Duress has two aspects. One is that it negates the person's consent to an act, such as sexual activity or the entering into a contract; or, secondly, as a possible legal defense or justification to an otherwise unlawful act. A defendant utilizing the duress defense admits to breaking the law, but claims that he/she is not liable because, even though the act broke the law, it was only performed because of extreme unlawful pressure. In criminal law, a duress defense is similar to a plea of guilty, admitting partial culpability, so that if the defense is not accepted then the criminal act is admitted. Duress or coercion can also be raised in an allegation of rape or sexual assault to negate a defense of consent on the part of the person making the allegation.
duress
Coercion () is compelling a party to act in an involuntary manner by the use of threats, including threats to use force against a party. It involves a set of forceful actions which violate the free will of an individual in order to induce a desired response. These actions may include extortion, blackmail, or even torture and sexual assault. For example, a bully may demand lunch money from a student where refusal results in the student getting beaten. In common law systems, the act of violating a law while under coercion is codified as a duress crime. Coercion can be used as leverage to force the victim to act in a way contrary to their own interests. Coercion can involve not only the infliction of bodily harm, but also psychological abuse (the latter intended to enhance the perceived credibility of the threat). The threat of further harm may also lead to the acquiescence of the person being coerced. The concepts of coercion and persuasion are similar, but various factors distinguish the two. These include the intent, the willingness to cause harm, the result of the interaction, and the options available to the coerced party.: 126 John Rawls, Thomas Nagel, Ronald Dworkin, and other political authors argue that the state is coercive.: 28 Max Weber defined a state as "a community which has a monopoly on the legitimate use of force." Morris argues that the state can operate through incentives rather than coercion.: 42 In healthcare, informal coercion may be used to make a patient adhere to a doctor's treatment plan. Under certain circumstances, physical coercion is used to treat a patient involuntarily.
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"duress." Kamus.net. STANDS4 LLC, 2024. Web. 29 Mar. 2024. <https://www.kamus.net/english/duress>.
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