Legal Definitions - ex metu carceris

Ex metu carceris is a Latin legal phrase that translates to "from fear of imprisonment."

This term describes actions, agreements, or confessions made by an individual solely because they are afraid of being put in jail. Historically, the concept was used to assess whether a person's actions were truly voluntary or if they were coerced by the threat of incarceration, potentially rendering a contract or confession invalid.

Here are some examples illustrating this concept:

• Example 1: A person is falsely accused of shoplifting. To avoid being immediately arrested and held in a jail cell, they sign a document admitting guilt and agreeing to pay a substantial fine, even though they maintain their innocence privately.

  Explanation: The individual's decision to sign the admission and agree to the fine is directly motivated by the immediate fear of being taken to jail, rather than a genuine acknowledgment of wrongdoing or a voluntary agreement to pay.

• Example 2: During a contentious business negotiation, one party threatens to report the other to regulatory authorities for alleged financial improprieties, explicitly stating that criminal charges and potential imprisonment would follow if a highly unfavorable contract amendment isn't signed within the hour. The threatened party, fearing incarceration, signs the amendment.

  Explanation: The signing of the disadvantageous contract amendment is not a result of fair negotiation or a belief in its terms, but a direct consequence of the fear of facing criminal prosecution and potential imprisonment.