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Full-Text Articles in Criminal Law
Agency And Insanity, Stephen P. Garvey
Agency And Insanity, Stephen P. Garvey
Buffalo Law Review
This Article offers an unorthodox theory of insanity. According to the traditional theory, insanity is a cognitive or volitional incapacity arising from a mental disease or defect. As an alternative to the traditional theory, some commentators have proposed that insanity is an especially debilitating form of irrationality. Each of these theories faces fair-minded objections. In contrast to these theories, this Article proposes that a person is insane if and because he lacks a sense of agency. The theory of insanity it defends might therefore be called the lost-agency theory.According to the lost-agency theory, a person lacks a sense of agency …
From Lovercamp To A Prisoner's Right To Escape: An Inescapable Conclusion?, Rodney L. Schermer
From Lovercamp To A Prisoner's Right To Escape: An Inescapable Conclusion?, Rodney L. Schermer
Buffalo Law Review
No abstract provided.
Retribution In A Modern Penal Law: The Principle Of Aggravated Harm, Ronald J. Allen
Retribution In A Modern Penal Law: The Principle Of Aggravated Harm, Ronald J. Allen
Buffalo Law Review
No abstract provided.
The Eighth Amendment, Beccaria, And The Enlightenment: An Historical Justification For The Weems V. United States Excessive Punishment Doctrine, Deborah A. Schwartz, Jay Wishingrad
The Eighth Amendment, Beccaria, And The Enlightenment: An Historical Justification For The Weems V. United States Excessive Punishment Doctrine, Deborah A. Schwartz, Jay Wishingrad
Buffalo Law Review
No abstract provided.
Punishment For Negligence: A Reply To Professor Hall, James B. Brady
Punishment For Negligence: A Reply To Professor Hall, James B. Brady
Buffalo Law Review
No abstract provided.