Coercion: Threats, Freedom of Choice, and Legal Duress

All flashcards

What is coercion?

Coercion uses force or threats to restrict another person's freedom of choice and induce a response.

How can coercion differ from persuasion?

Persuasion generally seeks agreement through reasons or appeals. Coercion uses threats or force that restrict practical freedom and may make refusal dangerous.

What is physical coercion?

Physical coercion involves a conditional threat to use force against a person, their relatives, or their property to compel action.

What is duress in the legal context described?

Common-law systems may recognize duress as a defense to criminal liability when an offense was committed under coercion. Its application depends on the circumstances and applicable law.

Why can coercion in healthcare raise ethical concerns?

Informal pressure or involuntary physical treatment can limit patient autonomy. Such practices may also cause moral distress among healthcare staff.

Quiz questions

1. What is the central feature of coercion?Answer: Using threats or force to restrict freedom of choice and induce a response.
2. Why may someone comply with a coercive threat even if the threatened harm never occurs?Answer: Fear of the threatened harm can be enough to produce compliance.
3. Which factor helps distinguish coercion from persuasion?Answer: Whether refusal exposes someone to threatened harm and limits practical options.
4. What does recognition of duress in common-law systems mean?Answer: In some circumstances, coercion during an offense may provide a defense to criminal liability.