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

Gilchrist, Gregory M., Willful Blindness as Mere Evidence (September 10, 2019). Loyola of Los Angeles Law Review, Forthcoming, University of Toledo Legal Studies Research Paper Forthcoming, Available at SSRN: https://ssrn.com/abstract=3690351 or http://dx.doi.org/10.2139/ssrn.3690351

Gregory M. Gilchrist (Contact Author)

University of Toledo College of Law ( email )

2801 W Bancroft
MS 507
Toledo, OH 43606
United States
419-530-2712 (Phone)

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