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Full-Text Articles in Law

Moore On The Mind, Stephen J. Morse Dec 2015

Moore On The Mind, Stephen J. Morse

Faculty Scholarship at Penn Law

In revised form, this chapter will be published in a volume, Legal, Moral, and Metaphysical Truths: The Philosophy of Michael S. Moore, a festschrift for Michael Moore edited by Professor Kimberly Ferzan and me for Oxford University Press. The chapter first addresses a particular approach to foundational metaphysical issues in the philosophy of mind, action and responsibility that I term “Spockian solutions,” which are home remedies modeled on those found in the baby and child care book of famed pediatrician, the late Dr. Benjamin Spock. It then engages with Moore’s work on a variety of topics concerning action and ...


Criminal Law And Common Sense: An Essay On The Perils And Promise Of Neuroscience, Stephen J. Morse Dec 2015

Criminal Law And Common Sense: An Essay On The Perils And Promise Of Neuroscience, Stephen J. Morse

Faculty Scholarship at Penn Law

No abstract provided.


Obama's Get-Out-Of-Jail-Free Decree, Paul H. Robinson Jul 2015

Obama's Get-Out-Of-Jail-Free Decree, Paul H. Robinson

Faculty Scholarship at Penn Law

While agreeing that sentences for nonviolent drug offenses are too long, this Wall Street Journal op-ed piece argues that the large-scale clemency program planned by President Obama is misguided. It sets a dangerous precedent for using the clemency power beyond its traditional and intended purpose of providing a last-resort check on fairness and justice errors in individual cases, and instead uses the power to set sentencing policy. While many people will like the results of the current program, they will be less than happy when some future president uses it as precedent to promote a sentencing policy of which they ...


Lost In A Legal Thicket, Paul H. Robinson Jul 2015

Lost In A Legal Thicket, Paul H. Robinson

Faculty Scholarship at Penn Law

This op-ed piece argues that criminal law recodification is badly needed in the states and the federal system, but that prosecutors stand out as the group who appear to regularly oppose it.


Discounting And Criminals' Implied Risk Preferences, Murat C. Mungan, Jonathan Klick Jan 2015

Discounting And Criminals' Implied Risk Preferences, Murat C. Mungan, Jonathan Klick

Faculty Scholarship at Penn Law

It is commonly assumed that potential offenders are more responsive to increases in the certainty than increases in the severity of punishment. An important implication of this assumption within the Beckerian law enforcement model is that criminals are risk-seeking. This note adds to existing literature by showing that offenders who discount future monetary benefits can be more responsive to the certainty rather than the severity of punishment, even when they are risk averse, and even when their disutility from imprisonment rises proportionally (or more than proportionally) with the length of the sentence.


Neuroprediction: New Technology, Old Problems, Stephen J. Morse Jan 2015

Neuroprediction: New Technology, Old Problems, Stephen J. Morse

Faculty Scholarship at Penn Law

Neuroprediction is the use of structural or functional brain or nervous system variables to make any type of prediction, including medical prognoses and behavioral forecasts, such as an indicator of future dangerous behavior. This commentary will focus on behavioral predictions, but the analysis applies to any context. The general thesis is that using neurovariables for prediction is a new technology, but that it raises no new ethical issues, at least for now. Only if neuroscience achieves the ability to “read” mental content will genuinely new ethical issues be raised, but that is not possible at present.


The Moral Vigilante And Her Cousins In The Shadows, Paul H. Robinson Jan 2015

The Moral Vigilante And Her Cousins In The Shadows, Paul H. Robinson

Faculty Scholarship at Penn Law

By definition, vigilantes cannot be legally justified – if they satisfied a justification defense, for example, they would not be law-breakers – but they may well be morally justified, if their aim is to provide the order and justice that the criminal justice system has failed to provide in a breach of the social contract. Yet, even moral vigilantism is detrimental to society and ought to be avoided, ideally not by prosecuting moral vigilantism but by avoiding the creation of situations that would call for it. Unfortunately, the U.S. criminal justice system has adopted a wide range of criminal law rules ...