What is a characteristic of duress as a legal defense in criminal law?

Duress as a legal defense in criminal law is characterized by the necessity for a threat of harm directed at the accused. This threat must create a situation where the individual reasonably believes that they or someone close to them is in imminent danger of serious harm or death, compelling them to commit an otherwise criminal act. The critical aspect here is that the threat must be credible, and the accused must not be able to escape the situation without engaging in unlawful conduct.

In this context, the requirement for a threat to be present distinguishes duress from other defenses. While the accused’s situation may be dire, the legal threshold is the presence of a specific, immediate threat of harm that coerces an individual into acting against their will. This reflects the legal and moral complexities surrounding genuine coercion and the balance of individual autonomy and responsibility under severe pressure.

Other options fail to capture this essentiality of duress. For instance, the complete dismissal of all charges is not guaranteed under duress, as it may serve only as a mitigating factor rather than a complete defense in many jurisdictions. Similarly, duress typically cannot be claimed if there is no imminent danger; the threat must occur at the time of the crime or immediately beforehand for the defense to be valid. Furthermore, while