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Legal Terms – Duress
Pressure, particularly through real or threatened physical force, exerted on an individual to compel specific behavior. Actions executed under duress typically lack legal validity; for instance, a contract procured by duress is voidable.In criminal law, a defendant may assert a defense to a criminal allegation if their ability to resist is compromised by a danger of death or significant bodily harm, or by external circumstances, despite possessing the *mens rea for the offense and an awareness of the wrongdoing (R v Graham [1982] 1 WLR 294). Duress is neither a valid defense against a murder allegation as a principle, nor is it a defense for assisting and abetting murder (R v Howe [1987] AC 417 (HL)). The threat does not need to be imminent; it is adequate for it to be effective. For instance, a threat made in court to kill a witness may qualify as duress and serve as a defense against a perjury allegation, even if it cannot be executed within the courtroom (Hudson and Taylor [1971] 2 QB 202). However, the defense is not accessible to an individual who neglected to pursue feasible alternative measures to avert the threat.
Pressure, particularly through real or threatened physical force, exerted on an individual to compel specific behavior. Actions executed under duress typically lack legal validity; for instance, a contract procured by duress is voidable.In criminal law, a defendant may assert a defense to a criminal allegation if their ability to resist is compromised by a danger of death or significant bodily harm, or by external circumstances, despite possessing the *mens rea for the offense and an awareness of the wrongdoing (R v Graham [1982] 1 WLR 294). Duress is neither a valid defense against a murder allegation as a principle, nor is it a defense for assisting and abetting murder (R v Howe [1987] AC 417 (HL)). The threat does not need to be imminent; it is adequate for it to be effective. For instance, a threat made in court to kill a witness may qualify as duress and serve as a defense against a perjury allegation, even if it cannot be executed within the courtroom (Hudson and Taylor [1971] 2 QB 202). However, the defense is not accessible to an individual who neglected to pursue feasible alternative measures to avert the threat.
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