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Against The Received Wisdom: Why The Criminal Justice System Should Give Kids A Break, Stephen J. Morse Jul 2019

Against The Received Wisdom: Why The Criminal Justice System Should Give Kids A Break, Stephen J. Morse

All Faculty Scholarship

Professor Gideon Yaffe’s recent, intricately argued book, The Age of Culpability: Children and the Nature of Criminal Responsibility, argues against the nearly uniform position in both law and scholarship that the criminal justice system should give juveniles a break not because on average they have different capacities relevant to responsibility than adults, but because juveniles have little say about the criminal law, primarily because they do not have a vote. For Professor Yaffe, age has political rather than behavioral significance. The book has many excellent general analyses about responsibility, but all are in aid of the central thesis about …


The Triple-C Impact: Responding To Childhood Exposure To Crime And Violence, Michal Gilad Gat Jan 2019

The Triple-C Impact: Responding To Childhood Exposure To Crime And Violence, Michal Gilad Gat

SJD Dissertations

No abstract provided.


How Should Justice Policy Treat Young Offenders?, B J. Casey, Richard J. Bonnie, Andre Davis, David L. Faigman, Morris B. Hoffman, Owen D. Jones, Read Montague, Stephen J. Morse, Marcus E. Raichle, Jennifer A. Richeson, Elizabeth S. Scott, Laurence Steinberg, Kim A. Taylor-Thompson, Anthony D. Wagner Feb 2017

How Should Justice Policy Treat Young Offenders?, B J. Casey, Richard J. Bonnie, Andre Davis, David L. Faigman, Morris B. Hoffman, Owen D. Jones, Read Montague, Stephen J. Morse, Marcus E. Raichle, Jennifer A. Richeson, Elizabeth S. Scott, Laurence Steinberg, Kim A. Taylor-Thompson, Anthony D. Wagner

All Faculty Scholarship

The justice system in the United States has long recognized that juvenile offenders are not the same as adults, and has tried to incorporate those differences into law and policy. But only in recent decades have behavioral scientists and neuroscientists, along with policymakers, looked rigorously at developmental differences, seeking answers to two overarching questions: Are young offenders, purely by virtue of their immaturity, different from older individuals who commit crimes? And, if they are, how should justice policy take this into account?

A growing body of research on adolescent development now confirms that teenagers are indeed inherently different from adults, …


Masthead, Editors Jan 2011

Masthead, Editors

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


Punishing Dangerousness: Cloaking Preventive Detention As Criminal Justice, Paul H. Robinson Mar 2001

Punishing Dangerousness: Cloaking Preventive Detention As Criminal Justice, Paul H. Robinson

All Faculty Scholarship

Laypersons have traditionally thought of the criminal justice system as being in the business of doing justice: punishing offenders for the crimes they commit. Yet during the past several decades, the justice system's focus has shifted from punishing past crimes to preventing future violations through the incarceration and control of dangerous offenders. Habitual-offender statutes, such as "three strikes" laws, authorize life sentences for repeat offenders. Jurisdictional reforms have decreased the age at which juveniles may be tried as adults. Gang membership and recruitment are now punished. "Megan's Law" statutes require community notification of convicted sex offenders. "Sexual predator" statutes provide …


Criminal Justice And Black Families: The Collateral Damage Of Over-Enforcement, Dorothy E. Roberts Jan 2001

Criminal Justice And Black Families: The Collateral Damage Of Over-Enforcement, Dorothy E. Roberts

All Faculty Scholarship

No abstract provided.


Not So Hard (And Not So Special), After All: Comments On Zimring's "The Hardest Of The Hard Cases", Stephen J. Morse Jan 1999

Not So Hard (And Not So Special), After All: Comments On Zimring's "The Hardest Of The Hard Cases", Stephen J. Morse

All Faculty Scholarship

No abstract provided.


Foreword: The Meaning Of Gender Equality In Criminal Law, Dorothy E. Roberts Jan 1994

Foreword: The Meaning Of Gender Equality In Criminal Law, Dorothy E. Roberts

All Faculty Scholarship

No abstract provided.