Duress
Definition of duress
The usage of threats, violence, or coercion to force someone to do something against their will.
Definition of necessity
Justifying an individual's unlawful actions that happened to prevent greater harm.
Jake breaking and entering into a cabin to avoid freezing to death.
Necessity
The accused _____________ subject to compulsion
Cannot be a party to a conspiracy or a criminal association.
To be truly involuntary the act must be ______ & ______
Inevitable and unavoidable.
Jack commits robbery of a store against their will.
Duress
Duress can be applied if hostage taking is involved
No
Dangerous driving can be applied with necessity if the accused was fleeing from gunshots that were putting the accused's life at risk
Yes
Blake is drunk but he drives to the hospital to prevent his friend's condition from worsening.
Necessity
Alice is walking home from her job, a stranger jumps out and intends to stab her, she uses pepper spray on the stranger and causes minor injury in doing so, is this applicable to duress?
No, it is not applicable, as the individual is not committing a crime under another individual's compulsion against their will.
Three elements that must be satisfied at the same time
In imminent peril or danger, no legal alternative to the action that was undertook, the harm inflicted must be proportional to the harm avoided by the accused.
John is informed by their manager that signing a contract acknowledging extra unpaid overtime is “necessary to keep your job and ensure promotion opportunities.”
Duress
Three additional common law requirements that must be satisfied at the same time
No safe avenue of escape, a close temporal connection, and it must be proportional.
The accused hired a hitman to kill her husband as he threatened to kill her if she attempts to leave her, is necessity applicable?
No, as hiring a hitman is highly illegal, and the accused's imminent peril and danger was not near and unavoidable despite the threats.
Alex is hiking with friends in a remote mountainous region. During the trek, a sudden landslide blocks the path downhill, threatening to bury another group of hikers trapped on the lower trail. At the same time, a local criminal gang appears and threatens Alex with immediate physical harm unless he drives their stolen vehicle off the cliff to escape detection.
Both