Voluntariness is a legal and philosophical concept referring to a choice being made of a person's free will

Free will

"To make my own decisions whether I am successful or not due to uncontrollable forces" -Troy MorrisonA pragmatic definition of free willFree will is the ability of agents to make choices free from certain kinds of constraints. The existence of free will and its exact nature and definition have long...

, as opposed to being made as the result of coercion

Coercion

Coercion is the practice of forcing another party to behave in an involuntary manner by use of threats or intimidation or some other form of pressure or force. In law, coercion is codified as the duress crime. Such actions are used as leverage, to force the victim to act in the desired way...

 or duress

Duress

In jurisprudence, duress or coercion refers to a situation whereby a person performs an act as a result of violence, threat or other pressure against the person. Black's Law Dictionary defines duress as "any unlawful threat or coercion used... to induce another to act [or not act] in a manner...

. Philosophies such as libertarianism

Libertarianism

Libertarianism, in the strictest sense, is the political philosophy that holds individual liberty as the basic moral principle of society. In the broadest sense, it is any political philosophy which approximates this view...

 and voluntaryism

Voluntaryism

Voluntarism, or voluntaryism, is a philosophy according to which all forms of human association should be voluntary. This moral principle is called the non-aggression principle, which prohibits the initiation of aggressive force or coercion...

, 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

Social contract

The social contract is an intellectual device intended to explain the appropriate relationship between individuals and their governments. Social contract arguments assert that individuals unite into political societies by a process of mutual consent, agreeing to abide by common rules and accept...

 rests on the concept of the voluntary consent of the governed

Consent of the governed

"Consent of the governed" is a phrase synonymous with a political theory wherein a government's legitimacy and moral right to use state power is only justified and legal when derived from the people or society over which that political power is exercised...

.

The Federal Rules of Criminal Procedure

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, the general trial courts of the U.S. government. As such, they are the companion to the Federal Rules of Civil Procedure...

 provide that "Before accepting a plea of guilty or nolo contendere, 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 courts historically took a negative view of guilty pleas.