In criminal law, arguments and defenses are rarely clean affairs in which the presentation of evidence and the testimony of witnesses determines guilt.
Instead, the intention and surrounding circumstances of a crime are often considered during litigation, making what may have seemed like a simple case significantly more complicated.
In particular, the legal concept of duress or coercion is an important factor in certain situations.
The definition of duress enters another illegal factor into the case that must be considered when creating a verdict or deciding sentencing.
A defense based off of duress claims that the crime committed by the defendant was only committed because of pressures from another force.
In general, this equates to physical or professional threats.
Thus, if a person does not do something in particular that may be illegal, they will be harmed or will have their livelihood challenged.
Similarly, duress may coincide with hostage-taking.
If a person is holding another person's family or friends hostage, they may ask that individual to do their errands, however illegal they may be, or else the hostages will be harmed.
In these cases, it is rare that a person will put their loved one's lives at risk to avoid breaking the law.
As a result of a duress defense, the defendant in a case may request a reduction in sentencing if they recognize their unlawful actions as being partially committed out of their own will.
Thus, if a person's profession is jeopardized or blackmail is being held over a person, they may still be held as guilty, but can ask for a sentence to be lessened on the grounds that they were under duress.
Additionally, a person may also use this defense to clear their name completely of charges.
To learn more about criminal defense options and strategies, contact a criminal attorney.