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Articles 31 - 40 of 40

Full-Text Articles in Legal History

Brain And Blame, Stephen J. Morse Jan 1996

Brain And Blame, Stephen J. Morse

All Faculty Scholarship

No abstract provided.


Motherhood And Crime, Dorothy E. Roberts Jan 1993

Motherhood And Crime, Dorothy E. Roberts

All Faculty Scholarship

No abstract provided.


Punishing Drug Addicts Who Have Babies: Women Of Color, Equality, And The Right Of Privacy, Dorothy E. Roberts Jan 1991

Punishing Drug Addicts Who Have Babies: Women Of Color, Equality, And The Right Of Privacy, Dorothy E. Roberts

All Faculty Scholarship

No abstract provided.


Introducing Criminal Law, Stephen J. Morse Jan 1989

Introducing Criminal Law, Stephen J. Morse

All Faculty Scholarship

No abstract provided.


Four Predictions For The Criminal Law Of 2043, Paul H. Robinson Jan 1988

Four Predictions For The Criminal Law Of 2043, Paul H. Robinson

All Faculty Scholarship

The Model Penal Code has all the markings of an historic document. It is a sophisticated and enlightened model for penal reform that has put the United States in the front row of reformers. And many believe that the likes of such an historic reform will not come again for more than another century. In my view, it can hardly be disputed that the Code is an historic document. It is less clear, however, that we should not expect a dramatically different code before another century.


Element Analysis In Defining Criminal Liability: The Model Penal Code And Beyond, Paul H. Robinson, Jane A. Grall Jan 1983

Element Analysis In Defining Criminal Liability: The Model Penal Code And Beyond, Paul H. Robinson, Jane A. Grall

All Faculty Scholarship

The pursuit of fairness and effectiveness has inspired and guided criminal code reformers of the past two decades. Because penal law protects the most important societal interests and authorizes the most serious sanctions the government may impose - the stigma of conviction, imprisonment, and even death - a criminal code, more than any other body of law, should be rational, clear, and internally consistent. Only a precise, principled code that sufficiently defines forbidden conduct can achieve its goals of condemnation and deterrence. Such a code gives citizens fair warning of what will constitute a crime, limits governmental discretion in determining …


Failed Explanations And Criminal Responsibility: Experts And The Unconscious, Stephen J. Morse Jan 1982

Failed Explanations And Criminal Responsibility: Experts And The Unconscious, Stephen J. Morse

All Faculty Scholarship

No abstract provided.


A Brief History Of Distinctions In Criminal Culpability, Paul H. Robinson Jan 1980

A Brief History Of Distinctions In Criminal Culpability, Paul H. Robinson

All Faculty Scholarship

The Model Penal Code identifies five levels of culpable states of mind significant to criminal liability. Professor Robinson reviews the evolution and refinement of those distinctions and considers current and future implications of viewing the Model Penal Code scheme as one stage in a continuing development.


A Theory Of Justification: Societal Harm As A Prerequisite For Criminal Liability, Paul H. Robinson Jan 1975

A Theory Of Justification: Societal Harm As A Prerequisite For Criminal Liability, Paul H. Robinson

All Faculty Scholarship

All would agree that the criminal law seeks to prevent harmful results rather than to punish evil intent that produces no harm. If one views deterrence as the proper function of the criminal law, a harm requirement is appropriate. To the extent that the criminal law punishes nonharmful conduct, it weakens the stigma and deterrent effect of criminal conviction for harmful conduct. If a defendant who has caused no harm feels that he is punished unjustifiably, rehabilitative efforts will be hampered. Indeed, one may ask: If no harm has been caused, what harm will be deterred by punishment, and what …


Insanity As A Defense: The Bifurcated Trial, David W. Louisell, Geoffrey Hazard Dec 1961

Insanity As A Defense: The Bifurcated Trial, David W. Louisell, Geoffrey Hazard

All Faculty Scholarship

No abstract provided.