Taking Voluntariness Seriously
69 Pages
Posted: 23 Apr 2013
Last revised: 28 Sep 2013
University of Denver Sturm College of Law
University of Denver Sturm College of Law
Date Written: April 22, 2013
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.
Suggested Citation:
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: https://ssrn.com/abstract=2255141 or http://dx.doi.org/10.2139/ssrn.2255141
