What is the differnce between:
being detained and being arrested?
&
Being coerced and duress?
2006-09-02 20:34:38 · 7 answers · asked by carebarri 2 in Politics & Government ➔ Law & Ethics
Subtle legal differences.
An arrest is a type of detention. You can be detained temporarily, such as a traffic stop, or based on reasonable suspicion (Terry Stop) but that does not rise to the level of an arrest. An arrest involves full legal custody, and exercise of legal authority to seize the person.
Duress and coercion are both situations where a person is acting because of external factors.
Duress is a defense to formation of a contract, or to some minor crimes. It involves force or the threat of force to compel someone to do something against their will. Anything done under duress counts as involuntary.
Coercion comes from the application of authority, not force, and is a variant of undue influence. Someone can be coerced out of guilt, or emotional manipulation, without being forced or threatened. Simple coercion may or may not result in a finding of involuntary conduct.
2006-09-02 20:38:21 · answer #1 · answered by coragryph 7 · 0⤊ 1⤋
My understanding is being detained means that you can be stopped for questioning or being taken into custody for questioning. Arrested is more severe in that some charge(s) will be made against you, and that you will be held in custody until you can make provisions for release.
Coerced means forced to do something against one's will or judgment by force or threats and duress is the state of being coerced.
2006-09-02 21:25:17 · answer #2 · answered by callahan 2 · 0⤊ 0⤋
Detained is being temporarily held, possibly for identification or during an investigation. You are not yet under arrest, but if you try to leave, they will arrest you in order to keep you there.
If you are coerced or under duress, you are being forced to do or submit to something against your will...they are basically the same.
2006-09-02 20:44:12 · answer #3 · answered by druid 7 · 0⤊ 0⤋
Detained means you are nit arrested. A statement made under duress means you are making the statement because you have no choice because they are being theatened with harm or death. Coerced just means yoiu were forced or tricked in to confessing.
2006-09-02 20:39:35 · answer #4 · answered by Anonymous · 0⤊ 0⤋
As far as detained or arrested. It can depend on the jurisdiction using the term. Some consider juveniles to be detained even though it is the equivalent to being arrested. In juvenile facilities they are called "detainees". But for adults, being detained is held without being charged. An arrest involves having charges against you.
2006-09-02 20:45:54 · answer #5 · answered by Speaking_Up 5 · 0⤊ 0⤋
Duress And Coercion
2017-01-15 14:03:21 · answer #6 · answered by ? 4 · 0⤊ 0⤋
Politics.
2006-09-02 20:38:48 · answer #7 · answered by Jim C 5 · 0⤊ 0⤋