Jane's Response To Duress

Duress is a legal defense recognized as common law, which is the unlawful pressure applied upon a person to coerce that person to perpetrate an act that he or she ordinarily would not commit. (Hall, 2014) Duress includes force, threats of violence, and physical restraint, etc. (Hall, 2014) Necessity is similar to duress but requires an action that would otherwise be illegal or expose a person to tort liability created by humans pressures by natural forces. (Hall, 2014)

In the incident, where Jane was being attacked; she was able to free herself; nevertheless, the suspect was still at large chasing Jane to an unknown location. Jane has a defense; which would be considered duress and necessity. Jane's previous situation prove duress because she had a reason to believe her life was being threatened because of the attack. Jane was trying to avoid serious personal injury and death from the crime committed against her. Jane was confronted with a situation that could have possibly cost her life. Therefore, it was a necessity, for Jane to inflict harm on the occupant of the house, to save herself, which was not intentional due to the human pressures that were placed upon her. I do believe it was necessary for Jane to use force that's justifiable to avoid continuous harm. Jane, herself used a lesser power towards the occupant of the house, which did not cause the occupant of the house physical injury even though the occupant of the house had the option to help or to leave Jane at risk for the attacker to finish what he started. …show more content…
When valid, they result in an acquittal of all related charges" (Hall, 2014, p. 268). Hopefully, Jane charges will be an acquittal. Jane's plan was to save herself from a threat, not to harm someone else in the