Thursday, October 15, 2020
Gregory M. Gilchrist (University of Toledo College of Law) has posted Willful Blindness as Mere Evidence (Loyola of Los Angeles Law Review, Forthcoming) on SSRN. Here is the abstract:
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.