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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]
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 teacher Ursula painfully tortured, whipped, beaten, and finally burned in Maastricht, AD 1570 engraved by Jan Luyken for the Martyrs Mirror, 1685. A forced confession is a confession obtained from a suspect or a prisoner by means of torture (including enhanced interrogation techniques) or other forms of duress.
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 ...
Case history; Prior: State v. Naglee, 44 N.J. 209, 207 A.2d 689 (1965); State v. Holroyd, 44 N.J. 259, 208 A.2d 146 (1965).: Holding; Where police officers being investigated were given choice either to incriminate themselves or to forfeit their jobs under New Jersey statute on ground of self-incrimination, and officers chose to make confessions, confessions were not voluntary but were coerced ...
If the defence can show that the confession was made under such duress that most people would make such a confession, then the jury is likely to question the confession's credibility. Usually the more duress that can be shown to have been used by law enforcement by the defence, the less weight most juries will place on confessions.
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 ...
WASHINGTON (AP) — Taiwan's foreign minister said Wednesday that Chinese "coercion" of the self-governing island poses a threat to regional security and global values of freedom and democracy.