What is Duress?
Duress is a legal defense that may be used to excuse criminal conduct based on the notion that the accused acted under extreme pressure or coercion. This pressure may come in the form of threats, violence, or other forms of intimidation.
Types of Duress
There are two main types of duress: physical duress and economic duress. Physical duress involves threats of bodily harm, while economic duress involves threats to a person’s financial well-being.
Examples of Duress
An example of physical duress would be if someone threatened to harm a person’s family if they did not commit a crime. An example of economic duress would be if someone threatened to ruin a person’s business unless they complied with their demands.
Case Studies
In the case of R v. Zecevic, the defendant claimed that he had acted under duress when he committed a robbery. The court ruled that his actions were not excused by duress because the threat he faced was not imminent.
Statistics
According to a study conducted by the National Institute of Justice, approximately 10% of defendants in criminal cases claim duress as a defense. Of those cases, only 30% are successful in proving duress as a valid defense.
