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  I see the judge as rightly separating civil law (contracts) from criminal law Not necessarily. It should be considered a civil law issue because it's an agreement of action.The fact that the action can result in criminal prosecution would probably be considered irrelevant to an appeals court. I see the declaration more in the nature of a coerced confession If that were the case, the declaration would be considered illegal. I don't know if the legality of the declaration was ever challenged in court, but it's used in a bunch of states. I was under the impression the document merely made the person aware of the law and an acknowledgement that it was explained to her A very good point, one that makes the legality and contract law issues of the declaration moot.  
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