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Criminal Procedure

Faculty Scholarship at Penn Law

Culpability

Publication Year

Articles 1 - 5 of 5

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.


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 ...


Gene-Environment Interactions, Criminal Responsibility, And Sentencing, Stephen J. Morse Jan 2011

Gene-Environment Interactions, Criminal Responsibility, And Sentencing, Stephen J. Morse

Faculty Scholarship at Penn Law

This chapter in, Gene-Environment Interactions in Developmental Psychopathology (K. Dodge & M. Rutter, eds. 2011), considers the relevance of GxE to criminal responsibility and sentencing. It begins with a number of preliminary assumptions that will inform the analysis. It then turns to the law’s view of the person, including the law’s implicit psychology, and the criteria for criminal responsibility. A few false starts or distractions about responsibility are disposed of briefly. With this necessary background in place, the chapter then turns specifically to the relation between GxE and criminal responsibility. It suggests that GxE causes of criminal behavior have ...


Lost In Translation?: An Essay On Law And Neuroscience, Stephen J. Morse Jan 2010

Lost In Translation?: An Essay On Law And Neuroscience, Stephen J. Morse

Faculty Scholarship at Penn Law

The rapid expansion in neuroscientific research fuelled by the advent of functional magnetic resonance imaging [fMRI] has been accompanied by popular and scholarly commentary suggesting that neuroscience may substantially alter, and perhaps will even revolutionize, both law and morality. This essay, a contribution to, Law and Neuroscience (M. Freeman, Ed. 2011), will attempt to put such claims in perspective and to consider how properly to think about the relation between law and neuroscience. The overarching thesis is that neuroscience may indeed make some contributions to legal doctrine, practice and theory, but such contributions will be few and modest for the ...