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Duress is a threat of harm made to compel someone to do something against their will or judgment; especially 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. 2004) Duress in contract law falls into two broad categories: [6]
In the 2010 New York trial of Ahmed Khalfan Ghailani who was accused of complicity in the 1998 bombings of U.S. embassies in Tanzania and Kenya, Judge Lewis A. Kaplan ruled evidence obtained under coercion inadmissible. [17] The ruling excluded an important witness, whose name had been extracted from the defendant under duress. [18]
Coercion used as leverage may force victims 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 defence of duress (by threat), according to Lord Bingham in R v Hasan, "excuses what would otherwise be criminal conduct" rather than justifies it. Bingham draws a distinction here with self-defence regarding between the moral status of the victim: in a case of self-defence, the victim has themselves made an aggressive or criminal act ...
Baroness Finlay pointed out that Ms Leadbeater’s Bill allows doctors to suggest to patients that assisted suicide is an option and warned that coercion by doctors who may be under pressure with ...
The court set aside the mortgage, and expressed itself as doing so for reasons of undue influence; today the case would almost certainly have been treated as duress. For undue influence the equitable concept of "pressure" is much wider than for duress. Actual undue influence does not require the making of any threat. [15]
In a July 2020 speech to the Hudson Institute, FBI Director Christopher Wray described numerous ways that the CCP created a national security threat, including targeting hundreds of U.S. citizens ...
Coercion and duress (§5K2.12) If the defendant committed the offense because of serious coercion, blackmail or duress, under circumstances not amounting to a complete defense, the court may depart downward. The extent of the decrease ordinarily should depend on the reasonableness of the defendant's actions, on the proportionality of the ...