law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the ar ...

and

philosophy Philosophy ('love of wisdom' in Ancient Greek) is a systematic study of general and fundamental questions concerning topics like existence, reason, knowledge, Value (ethics and social sciences), value, mind, and language. It is a rational an ...

, voluntariness is a choice being made of a person's

free will Free will is generally understood as the capacity or ability of people to (a) choice, choose between different possible courses of Action (philosophy), action, (b) exercise control over their actions in a way that is necessary for moral respon ...

, as opposed to being made as the result of

coercion Coercion involves compelling a party to act in an involuntary manner through the use of threats, including threats to use force against that party. It involves a set of forceful actions which violate the free will of an individual in order to i ...

or duress. Philosophies such as

libertarianism Libertarianism (from ; or from ) is a political philosophy that holds freedom, personal sovereignty, and liberty as primary values. Many libertarians believe that the concept of freedom is in accord with the Non-Aggression Principle, according t ...

and voluntaryism, as well as many legal systems, hold that a contract must be voluntarily agreed to by a party in order to be binding on that party. The

social contract In moral and political philosophy, the social contract is an idea, theory, or model that usually, although not always, concerns the legitimacy of the authority of the state over the individual. Conceptualized in the Age of Enlightenment, it ...

rests on the concept of the voluntary

consent of the governed In political philosophy, consent of the governed is the idea that a government's political legitimacy, legitimacy and natural and legal rights, moral right to use state power is justified and lawful only when consented to by the people or society o ...

. The

Federal Rules of Criminal Procedure The Federal Rules of Criminal Procedure are the procedural rules that govern how federal criminal prosecutions are conducted in United States district courts and the general trial courts of the U.S. government. They are the companion to the F ...

provide that "Before accepting a plea of guilty or

nolo contendere ''Nolo contendere'' () is a type of legal plea used in some jurisdictions in the United States. It is also referred to as a plea of no contest or no defense. It is a plea where the defendant neither admits nor disputes a Criminal charge, charg ...

, the court must address the defendant personally in open court and determine that the plea is voluntary and did not result from force, threats, or promises (other than promises in a plea agreement)." The actual voluntariness is suspect, in that it is common for prosecutors to threaten to seek more prison time unless the defendant agrees to plead guilty. For this reason,

common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...

courts historically took a negative view of guilty pleas.

References

{{reflist Free will