{"id":277884,"date":"2022-02-16T12:55:51","date_gmt":"2022-02-16T18:55:51","guid":{"rendered":"https:\/\/beta10.technodreamcenter.com\/feddefense\/?p=277884"},"modified":"2023-11-13T12:53:38","modified_gmt":"2023-11-13T18:53:38","slug":"coercion","status":"publish","type":"post","link":"https:\/\/beta10.technodreamcenter.com\/feddefense\/coercion\/","title":{"rendered":"Coercion"},"content":{"rendered":"

[vc_row][vc_column][tm_heading tag=”h4″ custom_google_font=”” text=”What is Coercion?”][tm_spacer size=”lg:20″][tm_heading tag=”p” custom_google_font=”” text=”The word coercion shows up in a lot of statutes in both state and federal court. You\u2019ll often see it along with other words like fraud, force, or threats, but really coercion can be any of those things. That\u2019s because coercion is the act of persuading someone else to do something they don\u2019t want to do<\/mark> because of force, threats, psychological intimidation, or anything else that violate the free will of an individual to get a desired outcome or response.”][tm_heading tag=”h4″ custom_google_font=”” text=”An example of coercion via physical means is this:”][tm_spacer size=”lg:20″][tm_heading tag=”p” custom_google_font=”” text=”An old farmer lives nearby his nephew and his young wife. They have a young daughter. The wife considers the farmer to be a grandfather figure, though she was warned by family that he could get violent when angry. One day, while her husband was out, the farmer came over and tried to force himself on the wife, gripping her hands above her head as she tried to get away. After she reported the attack, the farmer was charged with Fourth Degree Criminal Sexual Conduct<\/mark> under Minnesota Statute 609.345, subd.1(c) (click here for more details on the statue).” link=”https:\/\/www.revisor.mn.gov\/statutes\/cite\/609.345″][tm_heading tag=”p” custom_google_font=”” text=”That statute defines criminal sexual conduct in the fourth degree as sexual contact by an actor who uses force or coercion to accomplish the sexual act. The Supreme Court of Minnesota was asked to further explain coercion in the farmer\u2019s case that he appealed after conviction. The Court said that coercion is defined as \u201cwords or circumstances that cause the complainant reasonably to fear that the actor will inflict bodily harm or, hold in confinement, the complainant or another,\u201d and that in that case, when the farmer caused her fear of being hurt while forcing himself on her, that was coercion. State v. Middleton<\/em>, 386 N.W. 2d 226 (1986).”][tm_spacer size=”lg:20″][\/vc_column][\/vc_row][vc_row full_width=”stretch_row_content_no_spaces” background_color=”secondary” lg_spacing=”margin_top:50;margin_bottom:50″][vc_column][vc_row_inner equal_height=”yes” background_color=”secondary”][vc_column_inner width=”1\/2″ background_image=”278088″ offset=”vc_hidden-sm vc_hidden-xs”][\/vc_column_inner][vc_column_inner width=”1\/2″ lg_spacing=”padding_top:100;padding_right:150;padding_bottom:100;padding_left:75″ offset=”vc_col-lg-6 vc_col-md-6 vc_col-sm-offset-0 vc_col-xs-12″][tm_heading tag=”h4″ custom_google_font=”” text_color=”custom” custom_text_color=”#ffffff” text=”An example of coercion by other means is this:”][tm_spacer size=”lg:40″][tm_heading tag=”p” custom_google_font=”” text_color=”custom” custom_text_color=”#ffffff” text=”A young man is at home, getting ready for work, when police barge in and arrest him. He\u2019s hauled down to the station and harshly interrogated by police: cut off from the outside world; repeatedly told that he is guilty and has no other option; not given access to a lawyer. He\u2019s brought into a room and a witness identifies him as the perpetrator. After hours of stress and without any legal advice, the man signs a confession and is charged with kidnapping and rape.”][tm_heading tag=”p” custom_google_font=”” text_color=”custom” custom_text_color=”#ffffff” text=”That man\u2019s case went up to the United States Supreme Court, which found that the police used psychological coercion to get the man, Ernesto Miranda, to sign the confession. Supreme Court Justice Warren ruled that \u201ccoercion can be mental as well as physical and that the blood of the accused is not the only hallmark of an unconstitutional inquisition.\u201d Miranda v. Arizona<\/em> 384 U.S. 436, 448 (1966). It was because of this ruling that police are now required to advise arrestees of their right to remain silent and to a lawyer.”][\/vc_column_inner][\/vc_row_inner][\/vc_column][\/vc_row][vc_row][vc_column][tm_heading tag=”p” custom_google_font=”” text=”Coercion is illegal because people have the right to be safe and make decisions without fear of repercussions, whether they be physical violence, psychological pressure, or financial ruin. However, it remains the Government\u2019s burden to prove that coercion has taken place, and in any criminal matter, the defendant has the presumption of innocence. Sometimes coercion is obvious, and sometimes the Government sees it when it is not there.”][tm_heading custom_google_font=”” text=”Call a Highly Rated Criminal Defense Attorney Near Me”][tm_heading tag=”p” custom_google_font=”” text=”If you\u2019ve been charged with an offense involving coercion, call Catherine, a highly rated criminal defense attorney near me. Call her today for a free consultation.”][tm_spacer size=”lg:20″][\/vc_column][\/vc_row][vc_row][vc_column][tm_button button=”url:https%3A%2F%2Fbeta7.technodreamcenter.com%2Ffeddefense%2Fcontact-2%2F|title:Contact%20Catherine%20today” align=”center” color=”custom” button_bg_color=”primary” font_color=”secondary” button_border_color=”secondary” button_bg_color_hover=”secondary” font_color_hover=”primary” button_border_color_hover=”primary”][tm_spacer size=”lg:50″][\/vc_column][\/vc_row]<\/p>\n<\/div>","protected":false},"excerpt":{"rendered":"Do NOT Talk to Police. You cannot talk yourself out of being arrested. Anything you say, despite how trivial it may seem, can be used against you. Confessions are a prosecutor\u2019s number one weapon. 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