Coercion

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Coercion

The intimidation of a victim to compel the individual to do some act against his or her will by the use of psychological pressure, physical force, or threats. The crime of intentionally and unlawfully restraining another's freedom by threatening to commit a crime, accusing the victim of a crime, disclosing any secret that would seriously impair the victim's reputation in the community, or by performing or refusing to perform an official action lawfully requested by the victim, or by causing an official to do so.

A defense asserted in a criminal prosecution that a person who committed a crime did not do so of his or her own free will, but only because the individual was compelled by another through the use of physical force or threat of immediate serious bodily injury or death.

In the laws governing wills, coercion is present when a testator is forced by another to make provisions in his or her will that he or she otherwise would not make if permitted to act according to free choice. It is an element of both duress and Undue Influence, two ways in which a testator is deprived of his or her free choice in making the will. If coercion is established in a proceeding to admit a will to probate, the document will be denied probate, thereby becoming void; and the property of the decedent will be distributed pursuant to the laws of Descent and Distribution.

Coercion, as an element of duress, is grounds for seeking the Rescission or cancellation of a contract or deed. When one party to an instrument is forced against his or her will to agree to its terms the document can be declared void by a court. A marriage may be annulled or a separation or Divorce granted on the grounds of coercion. The coercion of small businesses by a cartel to fix prices of particular items supplied to them is a violation of antitrust laws, which are intended to prevent the restraint of competition in commerce. Laws regulating labor-management relations are violated by coercion when the employer coerces employees not to join a Labor Union or when a union representative pressures, uses physical force, or threatens an employee into joining the union.

Coercion is recognized as a defense in prosecutions for crimes other than murder. If an accused can establish that he or she committed a crime as a result of the coercion imposed by another the defendant will be acquitted on the charge as a Matter of Law. He or she will not be excused for the crime if there was only fear of minor physical injury, damage to reputation, or property loss. The person who coerces another to commit a crime is guilty of the crime committed. The coercer can also be prosecuted for the separate crime of coercion.

Coercion by law is the rendition of a judgment or a decree by a court, tax assessment board, or other Quasi-Judicial body for an amount of money presently due that mandates the sale of property owned by the defendant to pay the judgment.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

COERCION, criminal law, contracts. Constraint; compulsion; force.
     2. It is positive or presumed. 1. Positive or direct coercion takes place when a man is by physical force compelled to do an act contrary to his will; for example, when a man falls into the hands of the enemies of his country, and they compel him, by a just fear of death, to fight against it.
     3.-2. It is presumed where a person is legally under subjection to another, and is induced, in consequence of such subjection, to do an act contrary to his win. A married woman, for example, is legally under the subjection of her husband, and if in his company she commit a crime or offence, not malum in se, (except the offence of keeping a bawdy-house, In which case she is considered by the policy of the law as a principal, she is presumed to act under this coercion.
     4. As will (q.v.) is necessary to the commission of a crime, or the making of a contract, a person coerced into either, has no will on the, subject, and is not responsible. Vide Roscoe's Cr. Ev. 7 85, and the cases there cited; 2 Stark. Ev. 705, as to what will, amount to coercion in criminal cases.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
The review describes women being bullied, coerced and lied to by health staff.
All children viewed the transgressors as feeling worse after the apology than before, but the 7to 9-year-old children through the coerced apologizers' bad feelings were rooted in self-interest (concern about punishment, for example), rather than remorse.
The Dubai Court of First Instance convicted the Nigerian quartet of confining the resident, breaching his privacy and molesting him when they coerced him to undress and filmed him naked in a compromising situation with the woman.
'A witness could be coerced to make a confession and point to personages.
Most were rooted in the bill's 72-hour waiting period for women who say they are being coerced into seeking the procedure.
Table 2 shows the cumulative frequency distribution for adolescent males and females (and both groups combined) who had, and those who had not, engaged in sexual intercourse by the end of the 18-year wave, and whether their first sexual experience was coerced. Reported sexual intercourse before age 12 was ten times higher among boys than girls.
Being in those relationships, in turn, may place female youth at risk for coerced sex.
Client motivation is a crucial concern in the treatment of problematic drug use, and perhaps particularly so in the context of coerced treatment.
Billy and Debbie Reid also maintain that they believe their daughter was coerced into carrying PS1.5million of coke through Jorge Chavez airport in Lima, Peru.
A new type of debt--which I have labeled "coerced debt'--is emerging from abusive relationships.
The campaign features a teenage girl being coerced into sex by a boy as a party goes on downstairs.
But wasn't he simply acting like all of us who have been coerced into apologising for our errors in our younger days?