Willful Blindness as Mere Evidence

Gilchrist, Gregory M.

Journal: Loyola of Los Angeles Law Review

Volume: 54

First Page: 405

Year: 2021

Bluebook Citation: 54 LOY. L. A. L. REV. 405 (2021)

Author: Gregory M. Gilchrist: all 8 publications


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 reconceptualized as a form of evidence.

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