What does the defense of duress mean in criminal law?

Study for the Georgia Bar Exam. Prepare with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

In criminal law, the defense of duress refers specifically to a situation where an individual commits a crime because they are under immediate threat of serious harm. This defense acknowledges that the person did not act out of their own free will; instead, they felt compelled to commit the illegal act to protect themselves or others from significant injury or death. The essence of duress lies in the coercive circumstances that lead to the unlawful act, often involving a direct and immediate threat to the individual's safety or the safety of someone they care about.

The concept of duress implies that if the threat is credible and pressing enough, a reasonable person in the same situation would feel that they had no choice but to comply with the unlawful demand, thereby negating the voluntary nature of their actions. This defense does not justify the crime but provides context that the individual was acting under coercive pressure.

The other options do not accurately capture the legal concept of duress. Unavoidable acts due to natural disasters, lack of awareness regarding the legality of actions, or the nature of the offense being minor do not align with the pivotal element of immediate threat that defines duress in a criminal context.

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