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- Causes of behavior by judges (1)
- Common law criminal law (1)
- Courts (1)
- Desert (1)
- Diminished capacity (1)
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- Duty (1)
- Extreme emotional disturbance (1)
- History of the study of judicial behavior in legal scholarship (1)
- Indifference (1)
- Institutional design considerations (1)
- Interdependence (1)
- Interdisciplinary turf wars (1)
- Legal and political similarities and synergies (1)
- Mental illness negating an element (1)
- Methodological imperialism (1)
- Methodological pluralism (1)
- Model Penal Code (1)
- Murder mitigations (1)
- Partial insanity (1)
- Partial responsibility (1)
- Political science (1)
- Provocation (1)
- Selfishness (1)
Articles 1 - 2 of 2
Full-Text Articles in Psychology
On The Study Of Judicial Behaviors: Of Law, Politics, Science And Humility, Stephen B. Burbank
On The Study Of Judicial Behaviors: Of Law, Politics, Science And Humility, Stephen B. Burbank
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In this paper, which was prepared to help set the stage at an interdisciplinary conference held at the University of Indiana (Bloomington) in March, I first briefly review what I take to be the key events and developments in the history of the study of judicial behavior in legal scholarship, with attention to corresponding developments in political science. I identify obstacles to cooperation in the past – such as indifference, professional self-interest and methodological imperialism -- as well as precedents for cross-fertilization in the future. Second, drawing on extensive reading in the political science and legal literatures concerning judicial behavior, …
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
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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 …