Duress - Requirements

Requirements

For duress to qualify as a defense, four requirements must be met:

  1. The threat must be of serious bodily harm or death
  2. The threatened harm must be greater than the harm caused by the crime
  3. The threat must be immediate and inescapable
  4. The defendant must have become involved in the situation through no fault of his or her own

A person may also raise a duress defense when force or violence is used to compel him to enter into a contract, or to discharge.

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