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Articles 1 - 9 of 9
Full-Text Articles in Law
Does Situationism Excuse? The Implications Of Situationism For Moral Responsibility And Criminal Responsibility, Ken Levy
Ken Levy
Criminal responsibility is almost universally thought to require moral responsibility. Using the psychological theory of "situationism,'" however, I will argue that criminal responsibility can survive-and therefore that defendants can be justly punished-without moral responsibility.
Identifying Criminals’ Risk Preferences, Murat C. Mungan, Jonathan Klick
Identifying Criminals’ Risk Preferences, Murat C. Mungan, Jonathan Klick
Indiana Law Journal
There is a 250-year-old presumption in the criminology and law enforcement literature that people are deterred more by increases in the certainty rather than increases in the severity of legal sanctions. We call this presumption the Certainty Aversion Presumption (CAP). Simple criminal decision-making models suggest that criminals must be risk seeking if they behave consistently with CAP. This implication leads to disturbing interpretations, such as criminals being categorically different from law-abiding people, who often display risk-averse behavior while making financial decisions. Moreover, policy discussions that incorrectly rely on criminals’ risk attitudes implied by CAP are ill informed, and may therefore …
Does Situationism Excuse? The Implications Of Situationism For Moral Responsibility And Criminal Responsibility, Ken Levy
Journal Articles
Criminal responsibility is almost universally thought to require moral responsibility. Using the psychological theory of "situationism,'" however, I will argue that criminal responsibility can survive-and therefore that defendants can be justly punished-without moral responsibility.
Psychiatric Criminology: Is It A Valid Marriage? The Legal View, Jerome Hall
Psychiatric Criminology: Is It A Valid Marriage? The Legal View, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Science, Common Sense, And Criminal Law Reform, Jerome Hall
Science, Common Sense, And Criminal Law Reform, Jerome Hall
Articles by Maurer Faculty
Professor Hall advocates a reappraisal of the current trend in criminal law of substituting expert psychiatric testimony for common-sense determinations of insanity based on the long experience of the criminal-law tradition. Holding that the average layman is as competent to recognize extreme mental illness as the psychiatric expert, the author discusses the doctrine of the "irresistible impulse" and submits that the current departures from the M'Naghten rule tend to "substitute the ideology of a particular group of psychiatrists for the principle of moral responsibility." Professor Hall suggests that realistic reform cannot be achieved without considering the "moral life and its …
Responsibility And Law: In Defense Of The Mcnaghten Rules, Jerome Hall
Responsibility And Law: In Defense Of The Mcnaghten Rules, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Book Review. Alexander, F. And Staub, H., The Criminal, The Judge And The Public, Jerome Hall
Book Review. Alexander, F. And Staub, H., The Criminal, The Judge And The Public, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Book Review. Burtt, H. E., Legal Psychology, Jerome Hall
Book Review. Burtt, H. E., Legal Psychology, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Book Review. Behaviorism By John B. Watson, Fowler V. Harper
Book Review. Behaviorism By John B. Watson, Fowler V. Harper
Articles by Maurer Faculty
No abstract provided.