Also known as:compulsion defense · compulsion · duress · coercion defense
Written by attorneys · grounded in primary & secondary sources — see below
in criminal law
An affirmative defense excusing criminal liability for conduct other than murder or voluntary manslaughter when the defendant performs the act under compulsion or the threat of imminent death or great bodily harm. The defendant must reasonably believe that the threatened harm will be inflicted on the defendant or a close family member if the conduct is not performed. The defense is unavailable if the defendant recklessly or negligently placed himself in the situation.
How it applies
Common Examples
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Deed in Lieu Challenged as Involuntary
Derek Douglas, facing foreclosure on his home, signed a deed in lieu transferring the property to the mortgagee after the lender's agent threatened immediate physical harm to his family if he refused. In the ensuing dispute over whether the transfer satisfied the debt, Derek raised the defense of compulsion to argue the deed was not voluntary. The court examined whether the threat left him no reasonable alternative, determining that the defense could invalidate the transfer for lack of true consent.
Attorney Solicitation Under Threat
Destiny Davis, a lawyer, contacted a potential client after receiving threats of harm to her child unless she solicited the client's business. When disciplinary proceedings began, Destiny asserted the defense of compulsion, claiming the contact resulted from imminent coercion. The panel evaluated whether the threat created no reasonable escape, potentially excusing the violation of solicitation rules.
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Cases
Uniform Acts
Model Codes
Common Law
Restatements
Casebooks
Contract Signature Physically Forced
Deanna Davenport signed a contract only after her arm was twisted behind her back by the other party until she wrote her name. When sued for breach, Deanna raised the defense of compulsion to show her signature was not a valid manifestation of assent. The court assessed whether the physical force negated any intent to be bound, rendering the agreement unenforceable.
Will Executed Under Threat
Dustin Donovan threatened to harm Daphne Doyle's son unless she signed a new will leaving her estate to him. After her death, heirs challenged the will, and the proponent invoked the defense of compulsion to uphold it. The court determined that the wrongful threat coerced the donor, invalidating the donative transfer to the extent it resulted from duress.
Confession Claimed as Compelled
Delilah Duran gave a statement to police while suffering from mental illness but without any state coercion or threats. Charged with the crime, she raised the defense of compulsion to suppress the confession as involuntary. The court held that absent official compulsion, her mental condition alone did not trigger the defense or render the statement inadmissible.
Premarital Agreement Signed Under Duress
Daphne Doyle signed a premarital agreement only after her fiancé threatened to cancel the wedding and harm her reputation if she refused. When enforcement was sought in divorce proceedings, she asserted the defense of compulsion. The court examined whether her consent was involuntary due to the threat, potentially rendering the agreement unenforceable.
Common questions
Frequently Asked
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What crimes does the defense of compulsion not apply to?+
The defense is unavailable for murder or voluntary manslaughter. It applies only to other crimes when the defendant acts under threat of imminent death or great bodily harm to self or specified family members.
Must the threat be of imminent harm for the defense to succeed?+
Yes. The threat must involve imminent infliction of death or great bodily harm, and the defendant must reasonably believe it will be carried out if the conduct is not performed.
Can the defense be raised if the defendant helped create the threatening situation?+
No. The defense is unavailable if the actor recklessly placed himself in a situation where it was probable he would be subjected to duress.
Does the defense require that the defendant had no opportunity to escape?+
Yes. Courts require that the accused had no reasonable opportunity to escape or withdraw from the criminal activity before the defense applies.
384 U.S. 436 (1966)Evidence
…was thrust into an unfamiliar atmosphere and run through menacing police interrogation procedures. The potentiality for compulsion is forcefully apparent, for example, in Miranda , where the indigent Mexican defendant was a seriously disturbed individual with pronounced sexual fantasies, and in Stewart , in which the…