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Message started by whtvr25 on Jun 8th, 2002 at 6:39pm

Title: Re: failed!
Post by George W. Maschke on Jun 28th, 2002 at 11:22am
As the meaning of the word "coercion" has been at issue, the following definition from Black's Law Dictionary (6th ed.) may be of interest:

Coercion... Compulsion; constraint; compelling by force of arms or threat. General Motors v. Blevins, D.C.Colo., 144 F.Supp. 381, 384. It may be actual, direct, or positive, as where physical force is used to compel act against one's will, or implied, legal or constructive, as where one party is constrained by subjugation to other to do what his free will would refuse. As used in testamentary law, any pressure by which testator's action is restrained against his free will in the execution of his testament. "Coercion" that vitiates confession can be mental as well as physical, and question is whether accused was deprived of his free choice to admit, deny, or refuse to answer. Garrity v. State of N.J., U.S.N.J., 385 U.S. 493, 87 S.Ct. 616, 618, 17 L.Ed.2d 562.
 A person is guilty of criminal coercion if, with purpose to unlawfully restrict another's freedom of action to his detriment, he threatens to: (a) commit any criminal offense; or (b) accuse anyone of criminal offense; or (c) expose any secret tending to subject any person to hatred, contempt or ridicule, or to impair his credit or business repute; or (d) take or withhold action as an official, or cause an official to take or withhold action. Model Penal Code, § 212.5.

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