Abstract

http://ssrn.com/abstract=2255141
 


 



Taking Voluntariness Seriously


Ian P. Farrell


University of Denver Sturm College of Law

Justin F. Marceau


University of Denver Sturm College of Law

April 22, 2013

Boston College Law Review, Forthcoming
U Denver Legal Studies Research Paper No. 13-25

Abstract:     
The near-unanimous belief among courts and commentators that the criminal law contains a voluntary act requirement obscures deep disagreement about the meaning, scope, and application of that requirement. This Article explores these longstanding and vexing theoretical disagreements, identifies practical problems that result from these uncertainties, and suggests a novel framework for substantially resolving the confusion. The resolution of these questions is no mere academic exercise. The difference in many cases, particularly strict liability prosecutions, will be the difference between guilt and innocence.

Number of Pages in PDF File: 69

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Date posted: April 23, 2013 ; Last revised: September 28, 2013

Suggested Citation

Farrell, Ian P. and Marceau, Justin F., Taking Voluntariness Seriously (April 22, 2013). Boston College Law Review, Forthcoming; U Denver Legal Studies Research Paper No. 13-25. Available at SSRN: http://ssrn.com/abstract=2255141 or http://dx.doi.org/10.2139/ssrn.2255141

Contact Information

Ian P. Farrell
University of Denver Sturm College of Law ( email )
2255 E. Evans Avenue
Denver, CO 80208
United States
Justin F. Marceau (Contact Author)
University of Denver Sturm College of Law ( email )
2255 E. Evans Avenue
Denver, CO 80208
United States
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