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Willful Blindness As Mere Evidence, Gregory M. Gilchrist
Willful Blindness As Mere Evidence, Gregory M. Gilchrist
Loyola of Los Angeles Law Review
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.