
	Where results make sense

Topic: Duress

Related Topics

Mistake

Sue

Contract

Denial of a speedy trial

Consideration under English law

Unjust enrichment

Entrapment

Implied in law contract

Law of obligations

Common law

Promissory estoppel

Public policy

Statutory rape

Contract theory

Breach of contract

In the News (Sun 12 Oct 08)

Angelina Jolie

Brett Myers

Manmohan Singh

Charlie Manuel

Japanese Grand Prix

Nobel Peace Prize

Halo 3

Swedish Academy

Ricky Ponting

Dalai Lama

	Duress
		Duress (coercion) (as a term of jurisprudence) is a possible defense, via excuse, by which a defendant may argue that they should not be held criminally liable for actions which broke the law.
		Black's Law Dictionary (6th ed.) 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]." A possible example of duress would involve robbing a bank in order to pay a ransom[?].
		Courts generally do not accept a defense of duress when harm done by the defendant, such as murder, was greater than the courts perception of the coercive influence.
	www.ebroadcast.com.au /lookup/encyclopedia/du/Duress.html (107 words)

	Duress - LoveToKnow 1911 (Site not responding. Last check: 2007-10-08)
		It may consist in personal restraint or actual violence or imprisonment; or it may be by threats (per minas), as where a person is compelled to an act by threats of immediate death or grievous bodily harm.
		Duress, in certain cases, may be pleaded as a defence of an act which would otherwise be a crime,.
		At common law a contract entered into under duress is voidable at the option of one of the parties.
	www.1911encyclopedia.org /Duress (134 words)

	OSCN Found Document: DURESS
		Duress exists if one, by the unlawful act of another, is induced to make a contract or perform some act under circumstances depriving one of the exercise of a free will.
		Duress exists if one is deprived of an unfettered will or understanding, by threats or other unlawful means, resulting in an involuntary execution of a contract.
		The existence of duress is measured not by the nature of the acts or threats but by the state of mind induced by the threats or acts.
	www.oscn.net /applications/oscn/DeliverDocument.asp?CiteID=74230 (427 words)

	A.R.S. § 13-703(G)(2)-DURESS
		Duress is Not Unusual Stress: Courts have held that duress is not the same as unusual stress, a nonstatutory circumstance.
		Although it does not appear that the defendant specifically claimed "duress" as a mitigating circumstance, he did argue that his stormy love-hate relationship with the victim raised a classic provocation situation and that the crime was one induced by the heat of passion.
		Duress is defined as any illegal imprisonment, or legal imprisonment used for an illegal purpose, or threats of bodily or other harm, or other means amounting to or tending to coerce the will of another, and actually inducing him to do an act contrary to his free will.
	www.supreme.state.az.us /courtserv/CrtProj/capsentguid/G2Duress.htm (2977 words)

	Duress - Wikipedia, the free encyclopedia
		Duress or coercion (as a term of jurisprudence) is a possible legal defense, usually as exculpation rather than excuse, by which defendants argue that they should not be held liable because the actions that broke the law were only performed out of an immediate fear of injury.
		to induce another to act [or not act] in a manner [they] otherwise would not [or would]." The notion of duress must be distinguished both from undue influence in the civil law and from necessity which might be described as a form of duress by force of circumstances.
		It is extremely unlikely that a state would exclude a class of persons from liability for acting under duress since, by identifying the situations giving rise to duress and excluding them, the state might encourage victims not to show any form of resistance when simple defiance might otherwise have prevented the commission of the offence.
	en.wikipedia.org /wiki/Duress (554 words)

	Duress:
		Also, in the cocaine smuggling duress case, it is not clear that he was serving the greater good by smuggling cocaine.
		In duress, there is a third person "holding a gun to your head" in some way, demanding that you commit the crime.
		Under the MPC duress could be a defense to homicide, as long as the other elements are met.
	www.nvo.com /mikelaw/nss-folder/crim/crimdec3notes.htm (1758 words)

	CITES BY TOPIC: duress
		“An agreement [consent] obtained by duress, coercion, or intimidation is invalid, since the party coerced is not exercising his free will, and the test is not so much the means by which the party is compelled to execute the agreement as the state of mind induced.
		As a general rule, duress renders the contract or conveyance voidable, not void, at the option of the person coerced, [2] and it is susceptible of ratification.
		[3] However, duress in the form of physical compulsion, in which a party is caused to appear to assent when he has no intention of doing so, is generally deemed to render the resulting purported contract void.
	famguardian.org /TaxFreedom/CitesByTopic/duress.htm (1936 words)

	ChooseLaw Articles - Duress and Coercion (Site not responding. Last check: 2007-10-08)
		According to common law and in some states according to statute, it is a viable defense that he was coerced by the threat of death or serious bodily injury.
		Duress is not an acceptable defense of the defendant ‘intentionally or recklessly' put himself in a position where coercion was reasonably foreseeable.
		There is not an automatic presumption of duress in the case of a child who acts under parental pressure; actual coercion by the parent must be proved.
	articles.chooselaw.com /general/view/Duress-and-Coercion.266.html (565 words)

	liibulletin: Dixon v. United States
		Where a criminal defendant raises a duress defense, whether the burden of persuasion should be on the government to prove beyond a reasonable doubt that the defendant was not under duress, or upon the defendant to prove duress by a preponderance of the evidence?
		One essential component of a duress defense is the “immediacy” requirement, which requires that for a defendant to claim duress, he or she must be under immediate threat of death or bodily injury.
		Since the duress defense excuses a defendant from criminal liability, the threat of fraudulent claims and the potential for abuse require courts to establish strict rules for its use, including requiring the defendant to prove that duress existed.
	www.law.cornell.edu /supct/cert/05-7053.html (2604 words)

	INSTRUCTIONS 0.2: How Does the Government Apply Duress and What is the Remedy for It?
		Duress is the use of force without the authority of law, or unlawfully.
		The goal in proving duress is to show that your actions were involuntary or compelled under duress, and that the government exercised its powers unjustly and illegally because they did so without your voluntary consent.
		Duress is force applied outside of the delegated authority or territorial jurisdiction of the government or the law.
	famguardian.org /TaxFreedom/Instructions/0.2Duress.htm (3227 words)

	Criminal Law: Duress (Site not responding. Last check: 2007-10-08)
		) - Duress or coercion (as a term of jurisprudence) is a possible legal defense, via excuse, by which a defendant may argue that they should not be held criminally liable for actions that broke the law.
		A possible example of duress would involve robbing a bank in order to pay a ransom.
		In the United States, duress can never be a defense to murder, no matter the coercion employed.
	www.juiceenewsdaily.com /1105/business/duress.html?1131131800203 (139 words)

	Duress From Fear for Own Life No Defense to Murder, S.C. Rules
		Duress is not a defense to murder, nor does it reduce the crime to manslaughter, the state Supreme Court ruled yesterday.
		Duress, he explained, is a defense to most crimes because the violation of criminal law is considered a lesser evil than the harm threatened by the other person.
		Since duress was not a defense to any murder under the early law, and since there is no history to suggest that the Legislature chose at some point to make it a defense to some murders, the common law still prevails, Chin said.
	www.metnews.com /articles/ande073002.htm (1017 words)

	A FORMAL APPROACH TO CONTRACTUAL DURESS† (Site not responding. Last check: 2007-10-08)
		The legal understanding of duress captured by these two principles is justified not by its instrumental usefulness in promoting some socially desirable consequence, such as economic efficiency (though it may well have desirable consequences), but by its consistency with the conceptual underpinnings of contract law.
		The hallmark of duress is the impairment of the second party's autonomy, while the hallmark of unconscionability is the substantive unfairness of the bargain.
		Her account of modern American duress doctrine, as summarized in the Restatement, does not differ greatly from Wertheimer's; but she regards the interplay of the objective test of 'no reasonable alternative' with the subjective test of whether actually succumbed to the threat as generating an unacceptable degree of manipulability and indeterminacy.
	www.utpjournals.com /product/utlj/472/472_stewart.html (18186 words)

	Legal Definition of Duress
		DURESS - Restraint or danger, actually inflicted or impending, which is sufficient in severity or apprehension to deprive a person of free choice, destroy his volition, or obtain consent only in form.
		Under the law, a person is not guilty of a crime if he participated only because he believed, and had good reason to believe, that he would be seriously harmed if he did not participate and had no other way of escaping serious harm.
		Duress per minas, which is either for fear of loss of life, or else for fear of mayhem, or loss of limb,; and this must be upon a sufficient reason.
	www.lectlaw.com /def/d082.htm (592 words)

	Irish Law Updates: LRC Consultation Paper on Duress and Necessity
		The defences of duress and necessity apply where an individual is constrained or coerced into committing a crime by reason of serious threats (duress) or dire circumstances (necessity).
		In duress, the defendant is faced with threats of death or serious harm (‘do this or else’), unless he or she commits a crime.
		As with duress, the Commission accepts that a coherent case can also be made for treating necessity as a complete defence where the accused’s actions can be justified on the grounds of lesser evils, and invites submissions on this matter.
	www.ucc.ie /law/irishlaw/blogger/2006/04/lrc-consultation-paper-on-duress-and.html (640 words)

	Duress alarm system - emergency communication system or panic alarm system.
		Duress alarm system: emergency communication system or panic alarm system.
		Sentry Products is a manufacturer of a duress alarm system, known as an emergency communication system or panic alarm system.
		Duress Alarm Systems and related communication systems are our only product.
	www.sentryproducts.net (392 words)

	4.17 DURESS (Site not responding. Last check: 2007-10-08)
		A contract obtained by duress can be set aside at the option of the person against whom the duress was directed.
		A contract is deemed obtained by duress if the person against whom the charge of duress is asserted has used threats, moral compulsion, physical force or psychological pressure to overbear the other party to the contract and thereby deprive the other party of the exercise of free will.
		When and if the duress is no longer being asserted against him/her, he/she may at his/her option either set aside the contract or confirm it.
	www.judiciary.state.nj.us /civil/charges/417.htm (357 words)

	SSRN-The Criminal Defense of Duress: A Justification, Not an Excuse - And Why It Matters by Peter Westen, James ... (Site not responding. Last check: 2007-10-08)
		The discrepancies in scope between defenses of duress like MPC Section 2.09 and corresponding defenses of necessity are not morally unjustified, but rather are firmly grounded in practical reason.
		To the extent that defenses of duress like MPC Section 2.09 are broader in scope than corresponding defenses of necessity, the former are not excuses, but rather are justifications.
		This context-sensitive metric is relevant to duress because the features that distinguish duress from necessity - namely, that the pressures of duress are manmade and coercive - are also features that ultimately affect whether given evils are greater than, lesser than, or equal to one another for choice-of-evil purposes.
	papers.ssrn.com /sol3/papers.cfm?abstract_id=503462 (549 words)

	Duress Isn't a Murder Defense, Justices Rule
		Anderson's lawyer, Berkeley solo practitioner Neoma Kenwood, had argued that duress was a defense to all degrees of murder, except first-degree murder with special circumstances -- the murder punishable by death in California.
		Justice Joyce Kennard concurred with Anderson's conviction, saying he presented no substantial evidence of duress, but she dissented on the bigger issue, saying duress should be a defense for noncapital forms of murder.
		She said the majority "oversimplifies a highly complex issue," and noted that duress as a defense against all murder is the law in six states and six countries.
	www.law.com /regionals/ca/stories/020730a.shtml (1009 words)

	Duress Phrases - IFPO (Site not responding. Last check: 2007-10-08)
		In the military, we called this a "Duress Phrase." It was defined as "a word or phrase that can be introduced into everyday conversation, without arousing suspicion." The phrase would need to be simple, common; and yet easily recognized and understood by all the responders.
		If a duress alarm is received, it then is a simple matter to ask the Patrol Officer to check the electric meter; or ask if the First Aid kit is open.
		In addition to checking the cameras of the area that the duress alarm was received from, you may also use the telephone and a duress phrase.
	www.ifpo.org /articlebank/duress_pharses.html (750 words)

	StarCityGames.com :: View topic - Mana Leak as Duress Replacement in Control?
		Duress also has the handy ability of letting you in on your opponent's game plan, which to me is more of a benefit in Combo-Control decks than having an extra counter would be.
		If Duress were Blue this wouldn't be an issue -- but the fact that you have to fetch out a wasteland target on your first turn to use a turn one Duress is a major problem with the card.
		Duress is better because if youre playing oath and you think they might have a counter, you get to see their hand and see if they have other counters, and you can play it a turn before with a turn 2 oath instead of needing 4 mana for oath or mana leak
	www.starcitygames.com /phpBB2/viewtopic.php?p=500226 (1613 words)

	Duress (contract law) - Wikipedia, the free encyclopedia
		Duress in the context of contract law is a common law defence, and if you are successful in proving that the contract is vitiated by duress, you can rescind the contract, since it is then voidable.
		Duress has been defined as a "threat of harm made to compel a person to do something against his or her will or judgment; esp., a wrongful threat made by one person to compel a manifestation of seeming assent by another person to a transaction without real volition." - Black's Law Dictionary (8th ed.
		Armstrong [1976] AC 104, a decision of the Privy Council, Armstrong threatened to kill Barton if he did not sign a contract, which was set aside due to duress to the person.
	en.wikipedia.org /wiki/Duress_(contract_law) (331 words)

Try your search on: Qwika (all wikis)