Whether this is correct or not, we agree with Fanning that involuntariness
is a valid basis for precluding liability, irrespective of the cause of that involuntary conduct.
principles in greater detail.
From inception, the conclusive involuntariness
In almost all cases where a spouse has successfully challenged the validity of a prenuptial agreement on the basis of involuntariness
, the spouse has used many factors to support that challenge.
(107) That they made their demand politely and in good faith, he argued, "does nothing to alter the involuntariness
of Anderson's decision." (108)
(46) These perspectives reveal characteristics that guide the doctrinal development of necessity in the law: the involuntariness
of the action, the commission of a lesser harm to avoid a greater one, the law's moral subjectivity, and the law's inherent limitations when dealing with unique events.
But the state presumes that a victim of domestic violence can never provide informed consent because the consent is believed to have been compelled by fear, coercion, or involuntariness
can be viewed as a continuum, rather than as a dichotomous variable (Hebert and Benbasat, 1994).
[a]lthough moral involuntariness
(219) does not negate the actus reus or mens rea of an offence, it is a principle which, similarly to physical involuntariness
, deserves protection under s.
(13) See infra Part V (proposing rules clarifying plea involuntariness
and need for strict disciplinary actions against Brady violators).
To understand the detours and dead-ends that took place during this past half-century, it is useful to divide this period into three segments: (A) the pre-Miranda era, when the central constitutional constraint on police interrogations of juveniles was the due process doctrine of involuntariness
; (B) the period that began with the issuance of Miranda in 1966 and culminated with the Supreme Court's issuance of a decision in 1979 (15) clarifying the operation of the Miranda rule in juvenile cases; and (C) the period from 1979 until the Court's issuance of its two rulings on the subject of Miranda "custody" in juvenile cases--Yarborough v.
of a tort "transaction," the law arguably should systemically err on the side of overdeterrence by preferring ex