Willful Blindness as Mere Evidence
53 Pages Posted: 8 Oct 2020
Date Written: September 10, 2019
The willful blindness doctrine at criminal law is well-established and generally fits with moral intuitions of guilt. It also stands in direct tension with the first principle of American criminal law: legality. This Article argues that courts could largely preserve the doctrine and entirely avoid the legality problem with a simple shift: willful blindness ought to be re-conceptualized as a form of evidence.
Keywords: Willful Blindness, Criminal Law, White Collar, Evidence, Legality, Knowledge, Mens Rea, Epistemology
Suggested Citation: Suggested Citation