COERCION • Constraint ; compulsion ; force.
- Direct or positive coercion takes place when a. man la by physical force compelled to do an act contraryto his will for example, when •iit man falls into the hinds of ,the enemies of -his country, and they compel him, by a just fear of death, 'to fight against it exists where a person is legally under sUbjcetion to another, and is induced, conSequonce of sue]) subjection, •to do an contrary to hiswill.
•'"2.-AS-will is necessary the commission of a crime or the 'making' of a contract, a person coerced into eithei has no will on the Subject, and is not' responsible:, 1 East, Pt Cr. 225; 5 Black(: Ind. 73'; 2 Dalt Penn„86; 5 Q. B. 279; 1 Day. & M. The com Mend of a superior to an inferior,. 3 Wash. 'C.C. 209; 220; 12 Mete. Mass. 56 ;' 1 Blatchf, C. C. 549; '13 ; of a Parent to a child, Broom, Max. 2d ed. 11; of a master to his servaxit,..or a prinCipal to'his agent, 13 Mo. 246; .144d. 137, 340;' 3 thigh: Mass. 279; 11 Mete. Mass. 66 ' • 5 Miss: 304; 14 Ala. 365'; 22 Vi. 32; •.2 Den. N. Y.•341; 14 Johns. N., Y. •19.; may amount to coercion. '3. AS persons acting under the con straint of superior power, and, therefore, not criminally . amenable, the principal case is that of married women, with respect to whom the • law . recognizes certain • presumptions.. Thus, if a wife commits a felony, other that' treason or homicide,' or; perhaps; • highway-. robbery, in company with her the law presumes that, she acted under his coer' cion,•and; consequently, without any guilty, intent; unless the fact of non-coercion is dis-. tinctly .proved. See 2 Carr.'& K. 887; 903 ;' Jebb, Cr. CAS. 93. This presumption appears on some occasions to have been considered • conclusive, and is still .practically .regarded. in no very different light, especially when the crime is of a flagrant character ;. but the bet-• ter- opinion seems to •be that in 'every case the presumption. may 'now be 'rebutted by •
positive proof that the woman acted as a free agent ; and. in one case that was much dis cussed, the .Irish judges appear to have con- , sidered that such positive proof was not re quired, but that the question was always one to be determined- by the jury on the evidence submitted to them. Jebb, Cr. 'Cas. 93; 1 MondAir. Cos: 143. it a-married ' *onion 'cannot be-convicted under any eir as a 'receiver of stolen goods,• wool.' the property has been taken • by her husban'd'and;giveri to her by him. 1 Dears!. Cr: Ces.-184 ;', •Den, Cr. Cas. 5t6. Husband' and wife weivejointly eharged with felonious' Wounding with' intent to disfigure and to do' grievoits bodilylarni: The jury found, the wife acted. under the coercion of the hue, band, and that she did not personally inflict any violencenn the prosecutor. .0a this find ing;the wife was held entitled to au acquittal.
&'B'. Cr. Cas. 5 53.
' Whether the d'oetrine of coercion extends to any mieAemeanOr may admit of . some, doubt; but the better opinion seems to bothat, provided the misdemeanor is -of a serious nature, as, for instance, the uttering of 'base coin, the wife will be protected in like ner RS in cases of felony; although' it has been distinctly. •eld• that the. protection • does. not extend to assaults and batteries' or to the effencer of; keeping a 'brothel.. 2; Lew; 'Cr. Cas. 229;• 8 Carr. & P. 19, 541 Cr.' Cas. '384; -10 Mod. 63; 1 Mete: Mass. 151;' 10 Mass. 152. Indiect'it is rprotable'that in, inferior misdeniednorsAhis preetimption;, if admittecLet,e11, would be, heicl,liable to be ddfeated stringent eVidenne of the. Veife'S"tiktive than would suffice in cases of felony. & .P.. 541 ; Mood, Or. Cas. 531' 1' Taylor; Er. 152..e."The law upen the responsibility Of Married Woinen, fclr 6Plicle is stated, in 1 Bennett & Lead.:Crirn.:C4s. ,.
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