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Reconceiving coercion-based criminal defences / Stephen R. Galoob & Erin Sheley

Material type: TextTextPublication details: Hanover, PA : Northwestern University : 2022Description: Vol 112 (2) : pages 265-328Uniform titles:
  • The Journal of Criminal Law and Criminology / Spring 2022
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Contents:
Coercing someone is sometimes wrong and sometimes a crime. People subject to coercion are sometimes eligible for criminal defenses, such as duress. How, exactly, does coercion operate in such contexts? Among legal scholars, the predominant understanding of coercion is the "wrongful pressure"model, which states that coercion exists when the coercer wrongfully threatens the target and, as a result of this threat, the target is pressured to act in accordance with the coercer's threat. This article articulates and defends an alternative understanding of coercion that, after Scott Anderson's theory of the same name we call he "enforcement approach" to coercion.
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Coercing someone is sometimes wrong and sometimes a crime. People subject to coercion are sometimes eligible for criminal defenses, such as duress. How, exactly, does coercion operate in such contexts? Among legal scholars, the predominant understanding of coercion is the "wrongful pressure"model, which states that coercion exists when the coercer wrongfully threatens the target and, as a result of this threat, the target is pressured to act in accordance with the coercer's threat.
This article articulates and defends an alternative understanding of coercion that, after Scott Anderson's theory of the same name we call he "enforcement approach" to coercion.

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