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University of Pennsylvania Carey Law School

Faculty Scholarship at Penn Law

Criminal Procedure

Insanity

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Full-Text Articles in Law

Mental Disorder And Criminal Justice, Stephen J. Morse Jan 2018

Mental Disorder And Criminal Justice, Stephen J. Morse

Faculty Scholarship at Penn Law

This paper is a chapter that will appear in REFORMING CRIMINAL JUSTICE: A REPORT OF THE ACADEMY FOR JUSTICE BRIDGING THE GAP BETWEEN SCHOLARSHIP AND REFORM (Erik Luna ed., Academy for Justice 2018). The criminal law treats some people with severe mental disorders doctrinally and practically differently at virtually every stage of the criminal justice process, beginning with potential incompetence to stand trial and ending with the question of competence to be executed, and such people have special needs when they are in the system. This chapter begins by exploring the fundamental mental health information necessary to make informed judgements ...


Neuroscience In Forensic Contexts: Ethical Concerns, Stephen J. Morse Feb 2017

Neuroscience In Forensic Contexts: Ethical Concerns, Stephen J. Morse

Faculty Scholarship at Penn Law

This is a chapter in a volume, Ethics Challenges in Forensic Psychiatry and Psychology Practice, edited by Ezra E. H. Griffith, M.D. and to be published by Columbia University Press. The chapter addresses whether the use of new neuroscience techniques, especially non-invasive functional magnetic resonance imaging (fMRI) and the data from studies employing them raise new ethical issues for forensic psychiatrists and psychologists. The implicit thesis throughout is that if the legal questions, the limits of the new techniques and the relevance of neuroscience to law are properly understood, no new ethical issues are raised. A major ethical lapse ...


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 ...


Mental Disorder And Criminal Law, Stephen J. Morse Apr 2011

Mental Disorder And Criminal Law, Stephen J. Morse

Faculty Scholarship at Penn Law

Mental disorder among criminal defendants affects every stage of the criminal justice process, from investigational issues to competence to be executed. As in all other areas of mental health law, at least some people with mental disorders, are treated specially. The underlying thesis of this Article is that people with mental disorder should, as far as is practicable and consistent with justice, be treated just like everyone else. In some areas, the law is relatively sensible and just. In others, too often the opposite is true and the laws sweep too broadly. I believe, however, that special rules to deal ...