She also points out that this means that it makes it more likely that parties can avoid liability where they have physical illness rather than mental illness because involuntariness
will be more easily established on medical evidence, despite the Court of Appeal in Dunnage stressing that no distinction should be drawn on that basis.
can better explain the rationale for granting an accused
Like other studies, our results identified the following items as predictors of going to emergency services: dual diagnosis, involuntariness
, age, comorbidity with conduct disorders, the presence of violent behavior, and being under the guardianship of the state (Christodulu et al., 2002; Curran et al., 2008; Martin-Santos, 2006).
clarity for officers and that claims of involuntariness
are rare once
First, at least some individuals do not enter the sex trade through "free choice." The Court alluded to a form of moral involuntariness
: "Whether because of financial desperation, drug addictions, mental illness, or compulsion from pimps, they often have little choice but to sell their bodies for money." (89) That some individuals enter the sex trade for lack of other real options is doubtless regrettably true.
(237) See, e.g., Korobkin, supra note 3, at 1266 ("Courts also sometimes find involuntariness
sufficient to support a finding of procedural unconscionability when the buyer is poor, uneducated, or unsophisticated relative to the seller.").
"The cases the dissent cites do not control our reading of Robinson and Powell where, as here, an Eighth Amendment challenge concerns the involuntariness
of a criminalized act or condition inseparable from status." Id.
 SANS consists of five subscales: (a) flattened affect, (b) impoverished thought, (c) involuntariness
(apathy, anhedonia), (d) social withdrawal, and (e) attention deficit.
is precisely what Fanon so productively narrates in his illumination of the anti-colonial "choice." It is a choice to be made under conditions that are not only not of one's own choosing, but which already dictate the choice that must be made.
(128) However, courts appear to have mislabeled their concerns over coercion and involuntariness
as relating to "consent" under the Fourth Amendment, rather than a violation of due process under the Fourteenth Amendment.
(6) This fear of the duress defense being used by criminals to escape punishment has been labeled the "Pandora's Box Argument." Payam Akhavan, Should Duress Apply to All Crimes?: A Comparative Appraisal of Moral Involuntariness
and the Twenty Crimes Exception Under Section 17 of the Criminal Code, 13 CAN.
presumption of involuntariness
. (21) The Miranda opinion provided for no
. Voluntariness is an essential element of a valid premarital agreement under the UPAA.
If facts exist in addition to the religious context, which demonstrate undue duress or involuntariness
, then the state's courts are free to refuse enforcement.
Ergative case is the less marked alternative but does not express involuntariness
and hence cannot be used to express the intended meaning of (14).