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Bouvier's Law Dictionary, Revised 6th Edition (1856)

COERCION, criminal law, contracts. Constraint; compulsion; force.
2. It is positive or presumed. 1. Positive or direct coercion takes
place when a man is by physical force compelled to do an act contrary to his
will; for example, when a man falls into the hands of the enemies of his
country, and they compel him, by a just fear of death, to fight against it.
3.-2. It is presumed where a person is legally under subjection to
another, and is induced, in consequence of such subjection, to do an act
contrary to his win. A married woman, for example, is legally under the
subjection of her husband, and if in his company she commit a crime or
offence, not malum in se, (except the offence of keeping a bawdy-house, In
which case she is considered by the policy of the law as a principal, she is
presumed to act under this coercion.
4. As will (q.v.) is necessary to the commission of a crime, or the
making of a contract, a person coerced into either, has no will on the,
subject, and is not responsible. Vide Roscoe's Cr. Ev. 7 85, and the cases
there cited; 2 Stark. Ev. 705, as to what will, amount to coercion in
criminal cases.

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