Coercion Legal Definition

Physical coercion is the most commonly considered form of coercion, in which the content of the conditional threat is the use of force against a victim, his relatives or property. An example often used is “holding a gun on someone`s head” (at gunpoint) or a “knife under the throat” (with the knife or throat) to force the action, or the victim is killed or injured. These are so common that they are also used as metaphors for other forms of coercion. From a legal point of view, it is often said that a person who was forced acted under duress. In fact, “coercion” and “coercion” are often exchanged. Black`s Law Dictionary defines coercion as “any unlawful threat or coercion used. to induce another person to act [or refrain] from acting in such a way that he or she would not do so otherwise [or would not do so]”. Coercion usually means imposing one`s will on the other through violence or threat. Coercion can be achieved by physical or psychological means. This can happen in a variety of contexts, such as unfair commercial practices, which in most states prohibit coercion to sell insurance. As you can see, coercion can occur in many different contexts and can be charged with a crime, trigger a civil lawsuit, or invalidate a contract.

If you have been charged with a coercive offence, you should immediately seek the help of a lawyer. Get started today and contact an experienced criminal defense attorney in your area. The broad definition of coercion is “the use of explicit or implicit threats of violence or retaliation (such as dismissal) or other intimidating behaviour that puts a person in immediate fear of the consequences to force them to act against their will.” Actual violence, threats of violence or other acts of pressure may constitute coercion if used to undermine a person`s free will or consent. Different forms of coercion are distinguished: first, on the basis of the nature of the threat of harm, secondly, on the basis of its objectives and scope, and finally on the basis of its effects, on which its legal, social and ethical implications depend mainly. Brett, the schoolyard tyrant, pulls Mark aside and threatens to beat him if he doesn`t let him copy his homework. Mark knows it`s a violation of school policy to help another student cheat, but he also doesn`t want another bloody nose; So he gives in and gives Brett his homework. This is a classic example of coercion, where a party uses intimidation or threats to force someone to act against their will. The term coercion is found in several sections of the United States Code with respect to political activity, employment, sex trafficking, trafficking, housing, and contract law, to name a few. Sometimes these codes use the term “coercion” instead, but they are similar in their recognition of actions committed under pressure from another party.

Federal laws dealing with coercion are as follows: In the case of psychological coercion, the threat of violation affects the victim`s relationships with others. The most obvious example is blackmail, where the threat is the spread of harmful information. However, many other types are possible, such as “emotional blackmail,” which usually involves threats of rejection or rejection by a peer group, or creates feelings of guilt/obligation through a manifestation of anger or hurt by someone the victim likes or respects. Another example is forced persuasion. Coercion is recognized as a defense in prosecuting crimes other than murder. If a defendant can prove that he committed a crime as a result of coercion imposed by another, he is legally acquitted by the prosecution. He will not be excused for the crime if there was only the fear of minor physical injury, damage to his reputation or loss of property. A person who forces another person to commit a crime is guilty of the crime committed. Coercion can also be prosecuted for the separate crime of coercion. Created by FindLaw`s team of legal writers and writers | Last updated on April 29, 2019, coercion (/koʊˈɜːrʒən, -ʃən/) is the practice of forcing another party to act unintentionally through threats or violence.

[1] These are a number of different types of violent acts that violate a person`s free will to get the desired answer, for example: a bully demands a student`s lunch money or the student is beaten. These actions can include extortion, extortion, torture, threats to solicit favors, or even sexual assault. In the law, coercion is codified as a coercive crime. Such actions are used as levers to force the victim to act in a manner contrary to his or her own interests. Coercion may involve the actual infliction of physical pain or injury or psychological damage to increase the credibility of a threat. The threat of further harm may lead to the cooperation or obedience of the forced person. The purpose of coercion is to replace one`s own goals with those of the victim. For this reason, many social philosophers have viewed coercion as the exact opposite of freedom. [2] Coercion, criminal law, contracts. coercion; coercion; Strength. 2.

It is positive or suspected. 1. Positive or direct coercion occurs when a person is forced by physical violence to perform an act against his or her will; For example, when a man falls into the hands of the enemies of his country and they force him to fight against him out of a just fear of death. 3.-2. It is presumed when one person is legally subject to another and, as a result of such submission, is induced to take an act contrary to his benefit. A married woman, for example, is legally subject to the subjugation of her husband, and if she commits a crime or a crime in her business, not malum in se, (with the exception of the crime of running a bad house, in which case is considered by the policy of the law as a principle that she acts under this coercion. 4. As is necessary to commit a crime or enter into a contract, a person who is compelled to do one of them has no will to do what concerns him and is not responsible. Empty Roscoe`s Cr. Ev. 7 85 and the cases cited; 2 Strong.

Ev. 705, what it will be will amount to coercion in criminal matters. a) A person is guilty of criminal coercion if he threatens with the intention of illegally restricting the freedom of action of another person to his detriment: Psychological coercion – as well as other varieties – was widely and systematically used by the government of the People`s Republic of China during the “thought reform” campaign from 1951 to 1952. The trial, conducted partly in “revolutionary universities” and partly in prisons, was studied and reported by Robert Jay Lifton, then a research professor of psychiatry at Yale University: see Lifton (1961). Among the techniques used by the Chinese authorities was a technique derived from standard group psychotherapy that aimed to force victims (who were usually intellectuals) to produce detailed and sincere ideological “confessions.” For example, a professor of formal logic named Chin Yueh-lin – who was then considered China`s leading authority in his field – was led to write: “The new philosophy [of Marxism-Leninism], which is scientific, is the supreme truth” (Lifton (1961) p. 545). If a party enters into a contract under duress (usually under threat of harm or retaliation), that contract may be considered illegal and therefore unenforceable. Even in situations where most of the contract is actually legal, the entire contract may be terminated (i.e. terminated) if it can be demonstrated that only one provision was entered into under duress. One possible defense for making coercive charges is if the other party has also been involved in coercive measures called the “dirty hands” doctrine. While a wide range of actions can generally be considered coercion, laws and legal definitions provide more clarity about what constitutes an injustice or a civil crime (or, in some cases, a defense against criminal charges).