Duress refers to the act of using threats or psychological pressure to force someone to behave in a way that is contrary to their wishes. In contract law, duress is used as a form of defense to a crime where the defendant uses threats to force the plaintiff to commit a crime that is against their wishes.
What crimes is duress a defense to?
Duress is a valid defense for any criminal act except Homicide under California Penal Code 187 PC. This means that under the law, someone is not permitted to trade a life of another to spare their own, even if they are under duress.
Is duress a criminal defense?
Duress is the potential legal defense in which the defendant argues that he or she should not be held responsible or criminally liable for whatever criminal act was committed because the act was committed only out of an immediate fear of injury. Duress is one of the defenses classified as an excuse.