Duress
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| Submitted: Thu Jul 11 2002
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Duress The defences of duress by threat and duress of circumstances are both connected. In both defences the defendant claims that he did not want to commit the crime in question, but he had no effective choice. This was due to the circumstance he found himself in at the time or because he was forced to commit the crime by a third party. This he claims was under threats of death or serious harm to his self or others. This essay will look at the two defences of duress and try and compare and contrast the differences between the two. Duress is a 'concession to human frailty' and comes in two types: * Duress by threat * Duress of circumstances (an extension of necessity) The defences both require the mens rea and actus Reus of the crime. This is the doing and knowing part of the crime being committed. It is also not for the defendant...

