Coercion is when someone forces another person to do something against their will by using threats, intimidation, or other forms of pressure. It’s like being bullied into making a decision or taking an action that you wouldn’t choose under normal circumstances. Imagine someone saying, “Do this, or else something bad will happen to you.” That “or else” part is where coercion comes in.
The Harm Prevented by Anti-Coercion Laws
Legislatures enact laws against coercion to protect individuals’ freedom to make choices without undue pressure. Coercion can lead to several harms. First, it directly affects the victim, causing psychological trauma and possibly leading to actions they wouldn’t normally take, which can have lasting negative consequences. Second, it disrupts the social order. Coercion can erode trust within communities, as people become wary of being manipulated or forced into actions against their will. Third, it can have broader economic and societal impacts, especially when used to manipulate market or political decisions.
Classification of Coercion
In most legal codes, coercion is classified as a misdemeanor. However, the severity of the crime can vary depending on factors such as the nature of the threat, the context, and the consequences of the coerced action. Some extreme forms of coercion, especially those involving threats of serious physical harm or significant financial loss, may be classified as felonies.
Coercion in the Broader Categories of Criminal Offenses
Coercion fits into multiple categories of criminal offenses. Primarily, it is considered a crime against the person because it involves directly infringing on someone’s personal freedom and psychological well-being. In some cases, if coercion leads to financial loss or property damage, it can also be categorized as a crime against property. Furthermore, if coercion involves sexual acts, it falls under sexual crimes.
Historical Perspective of Coercion
The concept of coercion has been acknowledged in various forms throughout history.
Ancient Codes and Early Laws
The ancient legal codes, such as the Code of Hammurabi (circa 1754 BC), didn’t explicitly mention coercion but had laws against forced actions and threats, which are intrinsic elements of coercion.
Roman Law
In Roman law, coercion was recognized, particularly in the context of contracts and agreements, where consent obtained through force was considered invalid.
Common Law
English common law began to shape a more formal understanding of coercion. Sir William Blackstone, in his influential work “Commentaries on the Laws of England,” described coercion in the context of marital coercion and contractual agreements. He highlighted the importance of consent being free from undue influence or threat (Blackstone, 1765).
Modern Legal Developments
In modern times, the legal concept of coercion has expanded to include a wide range of contexts, from domestic situations to business transactions. Today’s laws recognize both physical and psychological forms of coercion.
Model Penal Code Definition of Coercion
Under the Model Penal Code (MPC), the definition of coercion is broad and multifaceted. The MPC, specifically in Section 212.5, provides a detailed framework for understanding what constitutes coercion.
Understanding Coercion in the MPC
The MPC defines coercion as compelling someone to engage in conduct they have a legal right to abstain from, or to abstain from conduct they have a legal right to engage in. This can be achieved through various means outlined in the MPC:
- Threats of Physical Harm: This includes threatening to cause bodily injury to someone or their loved ones.
- Property Damage: Threatening to damage someone’s property to compel action or inaction.
- Criminal Charges: Using the threat of pressing criminal charges to influence someone’s actions.
- Exposing Secrets: Threatening to expose a secret that could subject a person to hatred or ridicule.
- Taking Official Action: A public official unlawfully using their position to coerce an individual.
- Collective Action: Using the threat of a strike or boycott for personal gain rather than collective welfare.
In essence, the MPC captures the essence of coercion as an act where power, whether physical, psychological, or official, is used to override another person’s free will.
Defenses to Coercion in the MPC
The MPC recognizes certain defenses against charges of coercion. These defenses are highly context-dependent and require careful legal examination:
- Duress: The defendant can argue that they were under duress, meaning they were forced or threatened by someone else to commit the coercive act.
- Lack of Intent: A defendant may assert that there was no intent to coerce, and the alleged threat was not meant to compel any action.
- Mistake of Fact: In some cases, a genuine mistake of fact can be a defense, particularly if the defendant mistakenly believed they had a legitimate claim or right.
Elements of Coercion
Understanding the elements of coercion is crucial for comprehending its legal framework. These include:
- Mens Rea (Intent): The individual must have the intent to compel someone to act or refrain from acting.
- Actus Reus (Act): There must be an actual act of coercion, such as making a threat.
- Concurrence: The intent and the act must occur together.
- Causation: The coercive act must directly lead to the victim’s compelled action or inaction.
- Harm: There must be harm or potential harm, either physically, psychologically, or in terms of loss of autonomy.
- Attendant Circumstances: The circumstances surrounding the act can influence its classification, such as the relationship between the parties involved.
Conclusion
Coercion is a complex legal concept that touches upon various aspects of personal autonomy and societal order. The MPC provides a comprehensive framework for understanding and addressing coercion, outlining specific criteria and defenses. Recognizing the elements of coercion helps in understanding how laws protect individuals from undue influence and preserve the integrity of personal decision-making.
Summary
Coercion is like being forced into a decision or action you wouldn’t normally choose, often through threats or pressure. It’s like being bullied into doing something against your will. Laws against coercion aim to protect people’s freedom to make choices without being unfairly pressured. Coercion can harm the victim, disrupt social trust, and even impact the economy and society, especially if it influences market or political decisions.
In legal terms, coercion is often considered a misdemeanor, but it can be a felony in severe cases involving serious threats or significant harm. It’s seen as a crime against a person because it violates personal freedom and well-being. If it leads to financial loss or property damage, it’s also a crime against property. And in cases involving sexual acts, it’s categorized as a sexual crime.
The idea of coercion has been around for a long time. Ancient laws didn’t specifically mention it but had rules against forced actions and threats. English common law, particularly through Sir William Blackstone, started to define coercion more formally, especially in marriage and contracts.
The Model Penal Code (MPC) gives a detailed definition of coercion. It includes forcing someone to act against their will through physical threats, property damage, criminal charges, exposing secrets, misuse of official power, or collective actions like strikes for personal gain. Defenses against coercion charges in the MPC include duress, lack of intent, and mistake of fact. To understand coercion legally, you need to consider intent, the act of coercion, how they coincide, the resulting harm, and the surrounding circumstances.
Coercion is a complex issue that affects personal choice and society. The MPC helps us understand and address it, showing how laws protect us from undue influence.
References
- Model Penal Code. (1985). Section 212.5. American Law Institute.
- Blackstone, W. (1765). Commentaries on the Laws of England.
- Code of Hammurabi. (circa 1754 BC).
Modification History File Created: 07/17/2018 Last Modified: 10/27/2023
This work is licensed under an Open Educational Resource-Quality Master Source (OER-QMS) License.
