law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
and
philosophy
Philosophy (from , ) is the systematized study of general and fundamental questions, such as those about existence, reason, knowledge, values, mind, and language. Such questions are often posed as problems to be studied or resolved. Some ...
, voluntariness is a choice being made of a person's
free will
Free will is the capacity of agents to choose between different possible courses of action unimpeded.
Free will is closely linked to the concepts of moral responsibility, praise, culpability, sin, and other judgements which apply only to actio ...
, as opposed to being made as the result of
coercion
Coercion () is compelling a party to act in an involuntary manner by the use of threats, including threats to use force against a party. It involves a set of forceful actions which violate the free will of an individual in order to induce a desi ...
or
duress
Coercion () is compelling a party to act in an involuntary manner by the use of threats, including threats to use force against a party. It involves a set of forceful actions which violate the free will of an individual in order to induce a desi ...
. Philosophies such as
libertarianism
Libertarianism (from french: libertaire, "libertarian"; from la, libertas, "freedom") is a political philosophy that upholds liberty as a core value. Libertarians seek to maximize autonomy and political freedom, and minimize the state's en ...
social contract
In moral and political philosophy
Political philosophy or political theory is the philosophical study of government, addressing questions about the nature, scope, and legitimacy of public agents and institutions and the relationships betw ...
rests on the concept of the voluntary
consent of the governed
In political philosophy, the phrase consent of the governed refers to the idea that a government's legitimacy and moral right to use state power is justified and lawful only when consented to by the people or society over which that political powe ...
.
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 Fed ...
provide that "Before accepting a plea of guilty or
nolo contendere
' is a legal term that comes from the Latin phrase for "I do not wish to contend". It is also referred to as a plea of no contest or no defense.
In criminal trials in certain United States jurisdictions, it is a plea where the defendant neithe ...
, 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
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
courts historically took a negative view of guilty pleas.