Definitions vary depending on state and federal laws. For example, a State defines coercion as a crime when a person coerces or induces a person to engage in conduct from which he or she can lawfully refrain, or to refrain from conduct to which he or she is legally entitled, by instilling in him or herself a fear that, if the request is not satisfied, the actor or another person will physically injure or cause property damage. As you can see, coercion can occur in many different contexts and can be charged with a criminal offense, trigger civil proceedings or invalidate a contract. If you have been charged with a compulsive offence, you should seek legal assistance immediately. Get started today and contact an experienced criminal defence lawyer in your area. In legal terms, it is often said that someone who was forced acted under duress. In fact, “coercion” and “coercion” are often interchanged. Black`s Law Dictionary defines coercion as “any threat or unlawful coercion used.” to induce another person to act [or refrain from] acting in a manner that he or she would not otherwise [or would not]”. The term coercion is found in several sections of the United States Code regarding political activity, employment, sex trafficking, trafficking, housing, and contract law, to name a few. Sometimes these codes use the term “coercion” instead, but they are similar in their recognition of acts committed under pressure from another party.
Federal laws dealing with coercion are as follows: If a party enters into a contract under duress (usually under threat of harm or retaliation), the contract may be considered illegal and therefore unenforceable. Even in situations where the bulk of the contract is actually legal, the entire contract may be cancelled (i.e. terminated) if it can be shown that only one clause was concluded under duress. One possible defense against coercive charges is if the other party has also been involved in coercive activities called the “dirty hands” doctrine. Coercion, criminal law, contracts. Constraint; Constraint; Strength. 2. It is positive or suspected. 1. Positive or direct coercion occurs when a person is compelled by physical force to act against his or her will; For example, when a person falls into the hands of the enemies of his country and they force him to fight against him for fear of death. 3.-2. It is presumed when one person is lawfully subject to another and, as a result of that submission, is induced to perform an act contrary to his victory.
A married woman, for example, is legally subject to the subjugation of her husband, and if she commits a crime or crime in her business, not even per se (except for the offence of managing a shabby house, in which case she is considered by law policy to be a client, is presumed to be acting under that duress. 4. Since a will (q.v.) is necessary for the commission of a crime or the conclusion of a contract, a person who has been forced to do so has no will and is not responsible. Empty Roscoe`s Cr. Ev. 7 85 and the cases cited; 2 Strong. Ev. 705, which will be, amounts to coercion in criminal cases.
Created by FindLaw`s team of writers and legal writers| Last updated: 29. April 2019 While various actions can generally be considered coercion, laws and legal definitions provide more clarity on what constitutes wrongdoing or a civil crime (or, in some cases, a defense against criminal charges). Below, we will discuss the meaning of coercion in law, including state and federal laws, as well as coercive contract law. Coercion as an element of coercion is a ground for challenging the dissolution or annulment of a contract or document. If a party to a document is compelled against his or her will to accept the terms of the document, the document may be declared null and void by a court. A marriage may be annulled due to coercion or a separation or divorce may be pronounced. The coercion imposed on small enterprises by a cartel to fix the prices of certain products supplied to them constitutes an infringement of cartel law aimed at preventing restrictions of competition in trade. Laws governing relations between employees and employers are violated by coercion when the employer forces employees not to join a union, or when a union representative exerts pressure, uses physical violence or threatens to join the union. Most states have criminal charges for coercion and also allow civil suits brought by district attorneys or attorneys general (e.g., for an injunction). The legal definition of coercion is fairly uniform from state to state: the use of intimidation or threats to force (or prevent) someone from doing something they have a legal right to do (or not do). The charge is usually reinforced if physical violence was used or threatened.
Examples of state laws dealing with coercion include: Learn more about FindLaw`s newsletters, including our Terms of Use and Privacy Policy.
