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Articles 1 - 3 of 3
Full-Text Articles in Criminal Law
Genetics And Criminal Responsibility, Stephen J. Morse
Genetics And Criminal Responsibility, Stephen J. Morse
All Faculty Scholarship
Some believe that genetics threatens privacy and autonomy and will eviscerate the concept of human nature. Despite the astonishing research advances, however, none of these dire predictions and no radical transformation of the law have occurred.
Mental Disorder And Criminal Law, Stephen J. Morse
Mental Disorder And Criminal Law, Stephen J. Morse
All Faculty Scholarship
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 …
Abnormal Mental State Mitigations Or Murder – The U.S. Perspective, Paul H. Robinson
Abnormal Mental State Mitigations Or Murder – The U.S. Perspective, Paul H. Robinson
All Faculty Scholarship
This paper examines the U.S. doctrines that allow an offender's abnormal mental state to reduce murder to manslaughter. First, the modern doctrine of "extreme emotional disturbance," as in Model Penal Code Section 210.3(1)(b), mitigates to manslaughter what otherwise would be murder when the killing "is committed under the influence of extreme mental or emotional disturbance for which there is reasonable explanation or excuse." While most American jurisdictions are based upon the Mode Code, this is an area in which many states chose to retain their more narrow common law "provocation" mitigation. Second, the modern doctrine of "mental illness negating an …