Intro to Paralegal Studies Practice

What is required to establish a defense of duress?

1. Proof of financial motivation

2. Proof of force or threats causing the action

3. Proof of involuntary intoxication

4. Proof of self-defense situation

The correct answer is: Proof of force or threats causing the action

To establish a defense of duress, it is essential to demonstrate that the individual was coerced into acting against their will due to the presence of force or threats. The concept of duress involves a situation where a person is compelled to perform an act because of the immediate threat of harm to themselves or others. This could include threats of physical harm or even threats to property that create a reasonable fear. In this context, proving force or threats is critical, as it underlines the lack of free will the individual experienced when taking the action in question. This defense acknowledges that the individual may have committed an otherwise unlawful act, but they did so under pressure that negated their ability to choose freely, thereby impacting their culpability. The other choices do not align with the core requirement of proving duress. Financial motivation does not address the coercive nature of the action; involuntary intoxication refers to a different defense concerning one’s mental state at the time; and a self-defense situation, while it may involve threats, pertains specifically to protecting oneself from immediate harm rather than acting out of coercion. Thus, establishing force or threats is the fundamental aspect needed to validate a claim of duress.