Definition

Coercion is demanding another to act against his or her will by threatening that person with another form of aggressing.

Discussion

Coercion is the second-listed form of aggressing and, therefore, a breach of the Legal Principle.

Coercion occurs when someone intentionally creates circumstances limiting another’s freedom of choice so much so that it causes that other person to act out of fear of consequence. This is an objective test.

It is a matter of interpretation, however, to determine whether the facts of an alleged coercive act actually do constitute coercion. This is a subjective test.

Common law has helped define such terms throughout history. Case law will continue to help determine these outer contours over time.

Groups of individuals, such as local communities, in different circumstances with differing priorities will define the particular parameters of coercion in distinct ways.

Examples

In many legal systems, extortion is treated as coercion.

Duress and undue influence are often treated as coercion, although usually in private law as torts rather than criminal law.

Implementation

Ulex (version 1.2) suggests:

• part 4: optional criminal law module based on the Model Penal Code
• part 1.2: default procedural rules to reduce the risk of judges and public law decision-makers committing coercion.