The broad definition of coercion is “the use of explicit or implicit threats of force or retaliation (such as dismissal) or other intimidating behaviour that puts a person in immediate fear of consequences in order to force them to act against their will.” Actual violence, threats of violence, or other acts of pressure can constitute coercion when used to undermine a person`s free will or consent. Learn more about FindLaw`s newsletters, including our Terms of Use and Privacy Policy. Physical coercion is the most commonly considered form of coercion, where the content of the conditional threat is the use of force against a victim, his or her relatives, or property. An example often used is “holding a gun to someone`s head” (at gunpoint) or a “knife to the throat” (with knife point or cut) to force action or to kill or injure the victim. These are so common that they are also used as metaphors for other forms of coercion. 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 on coercion include: (b) Criminal coercion is considered an offence. Psychological coercion, as well as other varieties, was widely and systematically used by the government of the People`s Republic of China during the “thought reform” campaign of 1951-1952. The trial, which was conducted partly in “revolutionary universities” and partly in prisons, was studied and reported by Robert Jay Lifton, then a research professor of psychiatry at Yale University: see Lifton (1961). Among the techniques used by the Chinese authorities was a technique derived from standard group psychotherapy, which aimed to force victims (who were usually intellectuals) to produce detailed and sincere ideological “confessions”.
For example, a professor of formal logic named Chin Yueh-lin – then considered China`s leading authority in his field – was led to write: “The new philosophy [of Marxism-Leninism], scientifically, is the highest truth” (Lifton (1961) p. 545). While a wide range of actions can generally be considered coercion, laws and legal definitions provide more clarity about 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. Joint complaint by the American Immigration Council (AIC) and the American Immigration Lawyers Association (AILA), “The Use of Coercion by U.S. Department of Homeland Security (DHS) officials against parents forced separated from their children” (23. August 2018): americanimmigrationcouncil.org/sites/default/files/general_litigation/the_use_of_coercion_by_u.s._department_of_homeland_security_ officials_against_parents_who_were_forcibly_separated_from_their_children_public_fin_0.pdf. Brett, the schoolyard bully, takes Mark aside and threatens to beat him if he doesn`t let him copy his homework. Mark knows it`s a violation of school policy to help another student cheat, but he also doesn`t want another bloody nose; So he gives in and gives Brett his homework. This is a classic example of coercion, where a party uses intimidation or threats to force someone to act against their will. In many countries, the armed forces use firing squads to maintain discipline and intimidate the masses or opposition into submitting or tacitly complying with it. However, there are also non-physical forms of coercion where the threat of violation does not immediately involve the use of force.
Byman and Waxman (2000) define coercion as “the use of the threat of force, including the limited use of actual force, to support the threat, to induce an adversary to behave differently than he would otherwise.” [3] In many cases, coercion does not equate to the destruction of property or lives, because the goal is respect. 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]”. 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. Created by FindLaw`s team of writers and legal writers| Last updated April 29, 2019 It`s not always easy to tell when the line between subtle intimidation and coercion was crossed, and even harder to prove. A prudent commercial negotiation can only be considered a contractual obligation if it can be shown that it was signed under duress. Similarly, evidence of criminal coercion (or coercion) is based on the facts surrounding the incident and can be quite subtle. For example, it`s technically vague to tell someone, “Man, I`d hate something to happen to your daughter,” even if it`s said with coercive intent.
The purpose of coercion is to replace the victim`s goals with the victim`s goals. For this reason, many social philosophers have viewed coercion as the exact opposite of freedom. [2] There are different forms of coercion: on the one hand on the basis of the nature of the harm threatened, on the other hand on the basis of its objectives and scope, and finally on its effects, on which its legal, social and ethical implications usually depend. Constraint; Strength; Coercion. It can be either real (direct or positive) when physical force is exerted on a person to force him to act against his will, or tacit (legal or constructive) when the relationship between the parties is such that one is subject to the other and is thus forced to do what his free will would reject. State v. Darlington, 153 Ind. 1, 53 N. E. 025; Cliappell v. Trent, 00 Va.
S49, 19 pp. E. 314; Radicli v. Ilutohins, 95 U. pp. 213, 24 L. Ed. 409; Peyser v. New York, 70 N. Y. 497. 8 p.m.
Rep. G24; State v. Boyle, 13 R. I. 53p. In testamentary laws, coercion occurs when one testator is forced by another to make arrangements in his will that he would not otherwise make if he were allowed to act at his discretion. This is both an element of coercion and undue influence, two ways in which a testator is deprived of his free choice in the drafting of the will. If coercion is established in the procedure for admitting a will to inherit, the document is refused to the succession and becomes invalid; and the property of the deceased shall be distributed in accordance with the laws of filiation and distribution.