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Editing Contracts/Duress
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Duress has two aspects. One is that it negates the person's [[consent]] to an act, such as [[Human sexual activity|sexual activity]] or the entering into a contract; or, secondly, as a possible [[defense (legal)|legal defense]] or justification to an otherwise unlawful act.<ref name=Gaines>{{cite book |last=Gaines |first=Larry |authorlink= |author2=Miller, LeRoy |title=Criminal Justice In Action: The Core |year=2006 |publisher=[[Thomson/Wadsworth]] |location= |isbn=0-495-00305-0 }}</ref> A defendant utilizing the duress defense admits to breaking the law, but claims that he/she is not [[Legal liability|liable]] because, even though the act broke the [[law]], it was only performed because of extreme unlawful pressure.<ref>{{cite web|url=http://www.pi1stclass.com/glossary.htm|title=1st Class Investigations Glossary|publisher=}}</ref> In criminal law, a duress defense is similar to a plea of guilty, admitting partial [[culpability]], so that if the defense is not accepted then the criminal act is admitted. | Duress has two aspects. One is that it negates the person's [[consent]] to an act, such as [[Human sexual activity|sexual activity]] or the entering into a contract; or, secondly, as a possible [[defense (legal)|legal defense]] or justification to an otherwise unlawful act.<ref name=Gaines>{{cite book |last=Gaines |first=Larry |authorlink= |author2=Miller, LeRoy |title=Criminal Justice In Action: The Core |year=2006 |publisher=[[Thomson/Wadsworth]] |location= |isbn=0-495-00305-0 }}</ref> A defendant utilizing the duress defense admits to breaking the law, but claims that he/she is not [[Legal liability|liable]] because, even though the act broke the [[law]], it was only performed because of extreme unlawful pressure.<ref>{{cite web|url=http://www.pi1stclass.com/glossary.htm|title=1st Class Investigations Glossary|publisher=}}</ref> In criminal law, a duress defense is similar to a plea of guilty, admitting partial [[culpability]], so that if the defense is not accepted then the criminal act is admitted. | ||
Duress or [[coercion]] can also be raised in an allegation of [[rape]] or | Duress or [[coercion]] can also be raised in an allegation of [[rape]] or [[sexual assault]] to negate a defense of consent on the part of the person making the allegation. | ||
==Discussion== | ==Discussion== |