Friday, May 3, 2013
Ian P. Farrell and Justin F. Marceau (University of Denver Sturm College of Law and University of Denver Sturm College of Law) have posted Taking Voluntariness Seriously (Boston College Law Review, Forthcoming) on SSRN. Here is the 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.