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Articles 1 - 3 of 3
Full-Text Articles in Criminal Procedure
Lost In A Legal Thicket, Paul H. Robinson
Lost In A Legal Thicket, Paul H. Robinson
All Faculty Scholarship
This op-ed piece argues that criminal law recodification is badly needed in the states and the federal system, but that prosecutors stand out as the group who appear to regularly oppose it.
Neuroprediction: New Technology, Old Problems, Stephen J. Morse
Neuroprediction: New Technology, Old Problems, Stephen J. Morse
All Faculty Scholarship
Neuroprediction is the use of structural or functional brain or nervous system variables to make any type of prediction, including medical prognoses and behavioral forecasts, such as an indicator of future dangerous behavior. This commentary will focus on behavioral predictions, but the analysis applies to any context. The general thesis is that using neurovariables for prediction is a new technology, but that it raises no new ethical issues, at least for now. Only if neuroscience achieves the ability to “read” mental content will genuinely new ethical issues be raised, but that is not possible at present.
Discounting And Criminals' Implied Risk Preferences, Murat C. Mungan, Jonathan Klick
Discounting And Criminals' Implied Risk Preferences, Murat C. Mungan, Jonathan Klick
All Faculty Scholarship
It is commonly assumed that potential offenders are more responsive to increases in the certainty than increases in the severity of punishment. An important implication of this assumption within the Beckerian law enforcement model is that criminals are risk-seeking. This note adds to existing literature by showing that offenders who discount future monetary benefits can be more responsive to the certainty rather than the severity of punishment, even when they are risk averse, and even when their disutility from imprisonment rises proportionally (or more than proportionally) with the length of the sentence.