NCJ Number
72683
Date Published
1980
Length
45 pages
Annotation
This report from the Australian Law Reform Commissioner discusses duress, necessity, and coercion and suggests that Australian laws relating to these defenses be changed.
Abstract
An introduction provides general background information and defines the terms 'justification' and 'excuse.' Then a section focuses on duress and considers the lack of clarity in the duress law, the application of this defense to various offenses, the Law Commission of England Report, the burden of proof, the notice of defense, and some recommendations. The third section discusses the defense of necessity. The need for legal reform receives attention, and reforms in the United States, Germany, and England are reviewed. Two final sections provide further recommendations for changes in the duress and necessity laws and suggest the repealing of the law relating to coercion. Court cases are cited, and footnotes with references are included.