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Articles 1 - 14 of 14
Full-Text Articles in Entire DC Network
Dopamine Modulates Striatal Response To Reward And Punishment In Patients With Parkinson's Disease: A Pharmacological Challenge Fmri Study, M. Argyelan, M. Herzallah, W. Sako, I. Delucia, D. Sarpal, V. An, T. Fitzpatrick, A. A. Moustafa, D. Eidelberg, M. Gluck
Dopamine Modulates Striatal Response To Reward And Punishment In Patients With Parkinson's Disease: A Pharmacological Challenge Fmri Study, M. Argyelan, M. Herzallah, W. Sako, I. Delucia, D. Sarpal, V. An, T. Fitzpatrick, A. A. Moustafa, D. Eidelberg, M. Gluck
Journal Articles
No abstract provided.
Fortifying The Self-Defense Justification Of Punishment, Zac Cogley
Fortifying The Self-Defense Justification Of Punishment, Zac Cogley
Journal Articles
David Boonin has recently advanced several challenges to the self-defense justification of punishment. Boonin argues that the self-defense justification of punishment justifies punishing the innocent, justifies disproportionate punishment, cannot account for mitigating excuses, and does not justify intentionally harming offenders as we do when we punish them. In this paper, I argue that the self-defense justification, suitably understood, can avoid all of these problems. To help demonstrate the self-defense theory’s attraction, I also develop some contrasts between the self-defense justification, Warren Quinn’s better known ‘auto-retaliator’ argument, and desert-based justifications of punishment. In sum, I show that the self-defense justification of …
Of Speech And Sanctions: Toward A Penalty-Sensitive Approach To The First Amendment, Michael Coenen
Of Speech And Sanctions: Toward A Penalty-Sensitive Approach To The First Amendment, Michael Coenen
Journal Articles
Courts confronting First Amendment claims do not often scrutinize the severity of a speaker’s punishment. Embracing a “penalty-neutral” understanding of the free-speech right, these courts tend to treat an individual’s expression as either protected, in which case the government may not punish it at all, or unprotected, in which case the government may punish it to a very great degree. There is, however, a small but important body of “penalty-sensitive” case law that runs counter to the penalty-neutral norm. Within this case law, the severity of a speaker’s punishment affects the merits of her First Amendment claim, thus giving rise …
Punishing Without Free Will, Luis E. Chiesa
Punishing Without Free Will, Luis E. Chiesa
Journal Articles
Most observers agree that free will is central to our practices of blaming and punishment. Yet the conventional conception of free will is under sustained attack by the so-called determinists. Determinists claim that all of the events that take place in the universe – including human acts – are the product of causally determined forces over which we have no control. If human conduct is really determined by factors that we cannot control, how can our acts be the product of our own unfettered free will and what would that mean for the criminal law? The overwhelming majority of legal …
Dangerous Psychopaths: Criminally Responsible But Not Morally Responsible, Subject To Criminal Punishment And To Preventive Detention, Ken M. Levy
Journal Articles
How should we judge psychopaths, both morally and in the criminal justice system? This Article will argue that psychopaths are generally not morally responsible for their bad acts simply because they cannot understand, and therefore be guided by, moral reasons.
Scholars and lawyers who endorse the same conclusion automatically tend to infer from this premise that psychopaths should not be held criminally punishable for their criminal acts. These scholars and lawyers are making this assumption (that just criminal punishment requires moral responsibility) on the basis of one of two deeper assumptions: that either criminal punishment directly requires moral responsibility or …
Killing, Letting Die, And The Case For Mildly Punishing Bad Samaritanism, Ken M. Levy
Killing, Letting Die, And The Case For Mildly Punishing Bad Samaritanism, Ken M. Levy
Journal Articles
For over a century now, American scholars (among others) have been debating the merits of “bad-samaritan” laws – laws punishing people for failing to attempt “easy rescues.” Unfortunately, the opponents of bad-samaritan laws have mostly prevailed. In the United States, the “no-duty-to-rescue” rule dominates. Only four states even have bad-samaritan laws, and these laws impose only the most minimal punishment – either sub-$500 fines or short-term imprisonment.
This Article argues that this situation needs to be remedied. Every state should criminalize bad samaritanism. For, first, criminalization is required by the supreme value that we place on protecting human life, a …
Neuroimaging And The "Complexity" Of Capital Punishment, O. Carter Snead
Neuroimaging And The "Complexity" Of Capital Punishment, O. Carter Snead
Journal Articles
The growing use of brain imaging technology to explore the causes of morally, socially, and legally relevant behavior is the subject of much discussion and controversy in both scholarly and popular circles. From the efforts of cognitive neuroscientists in the courtroom and the public square, the contours of a project to transform capital sentencing both in principle and in practice have emerged. In the short term, these scientists seek to play a role in the process of capital sentencing by serving as mitigation experts for defendants, invoking neuroimaging research on the roots of criminal violence to support their arguments. Over …
The Solution To The Problem Of Outcome Luck: Why Harm Is Just As Punishable As The Wrongful Action That Causes It, Ken M. Levy
The Solution To The Problem Of Outcome Luck: Why Harm Is Just As Punishable As The Wrongful Action That Causes It, Ken M. Levy
Journal Articles
No abstract provided.
Blurring The Boundaries Between Immigration And Crime Control After Sept. 11th, Teresa A. Miller
Blurring The Boundaries Between Immigration And Crime Control After Sept. 11th, Teresa A. Miller
Journal Articles
Although the escalating criminalization of immigration law has been examined at length, the social control dimension of this phenomenon has gone relatively understudied. This Article attempts to remedy this deficiency by tracing the relationship between criminal punishment and immigration law, demonstrating that the War on Terror has further blurred these distinctions and exposing the social control function that pervades immigration law enforcement after September 11th prioritized counterterrorism. In doing so, the author draws upon the work of Daniel Kanstroom, Michael Welch, Jonathan Simon and Malcolm Feeley.
Citizenship And Severity: Recent Immigration Reforms And The New Penology, Teresa A. Miller
Citizenship And Severity: Recent Immigration Reforms And The New Penology, Teresa A. Miller
Journal Articles
Over the past twenty years, scholars of criminal law, criminology and criminal punishment have documented a transformation in the practices, objectives, and institutional arrangements underlying a range of criminal justice system functions that are at the heart of penal modernism. In contrast to the preceding eighty years of criminal justice practices that were progressively more modern in their belief in the rationality of the criminal offender and their concern for enhancing civilization through rehabilitative responses to criminality, these scholars note that since the mid-198''0s the relatively settled assumptions about the framework that shaped criminal justice and penal practices for nearly …
Retribution: The Central Aim Of Punishment, Gerard V. Bradley
Retribution: The Central Aim Of Punishment, Gerard V. Bradley
Journal Articles
When I worked for the Manhattan District Attorney's Office in the early 1980s, criminal sentences were consistently and dramatically too lenient. Though those years marked the ebb tide for the rehabilitative ideal of punishment and indeterminate "zip-to-ten" sentences, only career felons and those convicted of the most serious crimes were candidates for the sentences they justly deserved. Hamstrung by apparently silly rules of constitutional etiquette and bureaucratic sclerosis, the police were eclipsed in the mind of the public by the cold-blooded Everyman, bound only by the law of the jungle and some elusive sense of justice. Ultimately, popular demand required …
Framed: Utilitarianism And Punishment Of The Innocent, Guyora Binder, Nicholas J. Smith
Framed: Utilitarianism And Punishment Of The Innocent, Guyora Binder, Nicholas J. Smith
Journal Articles
This paper is a defense of utilitarian penology, against the familiar retributivist charge that it promotes framing the innocent, and other charges similarly depending on the notion that utilitarianism encourages officials to deceive the public. Our defense proceeds from the striking fact that utilitarianism's critics do not cite textual evidence that the originators of utilitarian penology in fact endorsed punishing the innocent or deceiving the public. Instead, critics claim that these unsavory policies follow logically from the premises of utilitarianism. Our argument, in brief, is that the charge of framing the innocent rests on a misunderstanding of utilitarian penology. We …
Retribution And The Secondary Aims Of Punishment, Gerard V. Bradley
Retribution And The Secondary Aims Of Punishment, Gerard V. Bradley
Journal Articles
Punishing criminals involves more than visiting unwelcome experiences–the rack, the gallows, confinement, sitting in a corner–upon them. Privations such as these constitute the behavioral substratum, the raw material of punishment. But behaviors such as confinement become the acts that they are, including acts of punishment by confinement, according to the justifying aim(s) which suffuse(s) the behavior. For behaviors such as confinement are ambiguous; limiting another's freedom of movement may be constitutive of a number of different human acts, including quarantine, kidnapping, institutionalization, and imprisonment for crime. Same behavior, different acts. Each of the ends of punishment shapes privations imposed upon …
Retribution: Punishment's Formative Aim, John M. Finnis
Retribution: Punishment's Formative Aim, John M. Finnis
Journal Articles
This Article explores the theoretical underinnings of punishment, in light of statements made about punishment in the works of Friedrich Nietzsche.