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The Voluntary Act Requirement: State v. Utter
As you read Utter, consider the following questions:
1. What was Utter charged with?
2. What are the elements of that offense?
3. What did Utter do?
4. What was his defense?
5. What happened at trial?
6. What was the appellate court’s holding?
7. If Utter had been in an “automatistic state” during the crime, would he have had a valid defense? Why?
8. Why not punish involuntary acts that are nevertheless dangerous (i.e., what are the policies underlying the “voluntary act” requirement)?
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