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Full-Text Articles in Criminal Law

Monastic Prisons And Torture Chambers. Crime And Punishment In Central European Monasteries, 1600-1800, Ulrich Lehner Dec 2012

Monastic Prisons And Torture Chambers. Crime And Punishment In Central European Monasteries, 1600-1800, Ulrich Lehner

Ulrich L. Lehner

Based on archival research and an analysis of early modern monastic canon law, the reader is introduced to how crimes were prosecuted in a monastic setting and how they were punished.

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Dangerous Psychopaths: Criminally Responsible But Not Morally Responsible, Subject To Criminal Punishment And To Preventive Detention, Ken Levy Dec 2010

Dangerous Psychopaths: Criminally Responsible But Not Morally Responsible, Subject To Criminal Punishment And To Preventive Detention, Ken Levy

Ken Levy

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 …

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Insanity Defenses, Ken Levy, Walter Sinnott-Armstrong Dec 2010

Insanity Defenses, Ken Levy, Walter Sinnott-Armstrong

Ken Levy

We explicate and evaluate arguments both for and against the insanity defense itself, different versions of the insanity defense (M'Naghten, Model Penal Code, and Durham (or Product)), the Irresistible Impulse rule, and various reform proposals.

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Exceptional Justice: A Discourse Ethical Contribution To The Immigrant Question, David Ingram Dec 2008

Exceptional Justice: A Discourse Ethical Contribution To The Immigrant Question, David Ingram

David Ingram

I argue that the exception must be a legitimate possibility within law as a revolutionary project, in much the same way that civil disobedience is. In this sense, the exception is not outside law if by "law" we mean not positive law as defined by extant legal documents (statutes, legislative committee reports, written judgments, etc.) but law as a living tradition consisting of both abstract norms and a concrete historical understanding of them. So construed, the exception is what can be exemplary - a law unto itself that best interprets and creatively extends (and transcends) the law that already exists, …

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