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Internal And External Challenges To Culpability, Stephen J. Morse 2022 University of Pennsylvania Carey Law School

Internal And External Challenges To Culpability, Stephen J. Morse

Faculty Scholarship at Penn Carey Law

This article was presented at “Guilty Minds: A Virtual Conference on Mens Rea and Criminal Justice Reform” at Arizona State University’s Sandra Day O’Connor College of Law. It is forthcoming in Arizona State Law Journal Volume 53, Issue 2.

The thesis of this article is simple: As long as we maintain the current folk psychological conception of ourselves as intentional and potentially rational creatures, as people and not simply as machines, mental states will inevitably remain central to ascriptions of culpability and responsibility more generally. It is also desirable. Nonetheless, we are in a condition of unprecedented internal challenges to …


Third Party Moral Hazard And The Problem Of Insurance Externalities, Gideon Parchomovsky, Peter Siegelman 2022 University of Pennsylvania Carey Law School

Third Party Moral Hazard And The Problem Of Insurance Externalities, Gideon Parchomovsky, Peter Siegelman

Faculty Scholarship at Penn Carey Law

Insurance can lead to loss or claim-creation not just by insureds themselves, but also by uninsured third parties. These externalities—which we term “third party moral hazard”—arise because insurance creates opportunities both to extract rents and to recover for otherwise unrecoverable losses. Using examples from health, automobile, kidnap, and liability insurance, we demonstrate that the phenomenon is widespread and important, and that the downsides of insurance are greater than previously believed. We explain the economic, social and psychological reasons for this phenomenon, and propose policy responses. Contract-based methods that are traditionally used to control first-party moral hazard can be welfare-reducing in …


Criminal Acts And Basic Moral Equality, John A. Humbach 2022 Elisabeth Haub School of Law at Pace University

Criminal Acts And Basic Moral Equality, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

Modern criminal justice presupposes that persons are not morally equal. On the contrary, those who do wrong are viewed by the law as less worthy of respect, concern and decent treatment: Offenders, it is said, “deserve” to suffer for their misdeeds. Yet, there is scant logical or empirical basis for the law's supposition that offenders are morally inferior. The usual reasoning is that persons who intentionally or knowingly do wrong are the authors and initiators of their acts and, as such, are morally responsible for them. But this reasoning rests on the assumption that a person's mental states, such as …


Emotions And Precedent, Emily Kidd White 2022 Osgoode Hall Law School of York University

Emotions And Precedent, Emily Kidd White

All Papers

The philosophy of emotion raises complications for theories of precedent. This chapter argues that it is productive to think of the effect of some precedents as facets of legal reasoning that are related to the use and understanding of legal concepts as thick concepts. In legal reasoning, precedents are routinely invoked to explicate, and/or clarify the content of legal concepts that are at issue in a case. This chapter develops an argument by Bernard Williams, i.e., that one must avoid the risk of over-generalizing the relationship of emotions to thick concepts, by placing it in the context of legal reasoning. …


Listening To Our Students: Fostering Resilience And Engagement To Promote Culture Change In Legal Education, Ann N. Sinsheimer, Omid Fotuhi 2022 University of Pittsburgh School of Law

Listening To Our Students: Fostering Resilience And Engagement To Promote Culture Change In Legal Education, Ann N. Sinsheimer, Omid Fotuhi

Articles

In this Article, we describe a dynamic program of research at the University of Pittsburgh School of Law that uses mindset to promote resilience and engagement in law students. For the last three years, we have used tailored, well-timed, psychological interventions to help students bring adaptive mindsets to the challenges they face in law school. The act of listening to our students has been the first step in designing interventions to improve their experience, and it has become a kind of intervention in itself. Through this work, we have learned that simply asking our law students about their experiences and …


Towards A Psychological Science Of Abolition Democracy: Insights For Improving Theory And Research On Race And Public Safety, Cynthia J. Najdowski, Phillip Atiba Goff 2022 University at Albany, State University of New York

Towards A Psychological Science Of Abolition Democracy: Insights For Improving Theory And Research On Race And Public Safety, Cynthia J. Najdowski, Phillip Atiba Goff

Psychology Faculty Scholarship

We call for psychologists to expand their thinking on fair and just public safety by engaging with the “Abolition Democracy” framework that Du Bois (1935) articulated as the need to dissolve slavery while simultaneously taking affirmative steps to rid its toxic consequences from the body politic. Because the legacies of slavery continue to produce disparities in public safety in the U.S, both harming Black people and the institutions that could keep them safe, psychologists must take seriously questions of history and structure in addition to immediate situations. In the present article, we consider the state of knowledge regarding psychological processes …


A Call To Dismantle Systemic Racism In Criminal Legal Systems, Cynthia J. Najdowski, Margaret C. Stevenson 2022 University at Albany, State University of New York

A Call To Dismantle Systemic Racism In Criminal Legal Systems, Cynthia J. Najdowski, Margaret C. Stevenson

Psychology Faculty Scholarship

Objectives: In October 2021, APA passed a resolution addressing ways psychologists could work to dismantle systemic racism in criminal legal systems. The present report, developed to inform APA’s policy resolution, details the scope of the problem and offers recommendations for policy and psychologists to address the issue by advancing related science and practice. Specifically, it acknowledges the roots of modern-day racial and ethnic disparities in rates of criminalization and punishment for people of color as compared to White people. Next, the report reviews existing theory and research that helps explain the underlying psychological mechanisms driving racial and ethnic disparities …


In-Person Or Via Technology?: Drawing On Psychology To Choose And Design Dispute Resolution Processes, Jean R. Sternlight, Jennifer K. Robbennolt 2022 University of Nevada, Las Vegas -- William S. Boyd School of Law

In-Person Or Via Technology?: Drawing On Psychology To Choose And Design Dispute Resolution Processes, Jean R. Sternlight, Jennifer K. Robbennolt

Scholarly Works

Covid-19 fostered a remote technology boom in the world of dispute resolution. Pre-pandemic, adoption of technical innovation in dispute resolution was slow moving. Some attorneys, courts, arbitrators, mediators and others did use technology, including telephone, e-mail, text, or videoconferences, or more ambitious online dispute resolution (ODR). But, to the chagrin of technology advocates, many conducted most dispute resolution largely in-person. The pandemic effectively put the emerging technological efforts on steroids. Even the most technologically challenged quickly began to replace in-person dispute resolution with videoconferencing, texting, and other technology. Courts throughout the world canceled all or most in-person trials, hearings, conferences, …


Moving Toward A Competency Based Model For Fostering Law Students’ Relational Skills, Susan L. Brooks, Marjorie A. Silver, Sarah Fishel, Kellie Wiltsie 2022 Touro Law Center

Moving Toward A Competency Based Model For Fostering Law Students’ Relational Skills, Susan L. Brooks, Marjorie A. Silver, Sarah Fishel, Kellie Wiltsie

Scholarly Works

Legal education has long been criticized for failing to provide adequate professional training to prepare graduates for legal practice realities. Many sources have lamented the lack of sufficient attention to the range of competencies necessary for law graduates to be effective practitioners and develop a positive professional identity, including those that are intra-personal, such as self-awareness, critical self-reflection, and self-directedness; those that are interpersonal, such as deep and reflective listening, empathy, compassion, cross-cultural communication, and dialogue; and those that engage with the social/systemic dimension of lawyering, such as appreciating the role of multiple identities, implicit bias, privilege and power, and …


Breaking Free: Detectives Let The Guilty Walk, Cassandra Holcombe 2022 Central Washington University

Breaking Free: Detectives Let The Guilty Walk, Cassandra Holcombe

All Master's Theses

In a genre like detective fiction, known for affirming social order, the refusal to enforce rule of law seems like an anomaly. The number of famous detectives who have let a perpetrator go suggests that release of suspects is not a break in genre conventions, but is a wider pattern that needs to be acknowledged. This study investigates that pattern by measuring the complexity of thirteen detectives: eleven of whom release perpetrators and two of whom do not, to serve as a control group. The higher the complexity of the character, the more human the character seems to be. The …


Individuals Who Have Been Convicted Of A Sex Offense: Attitudes On Legislation And Policy, Brenna L. Scott 2022 CUNY John Jay College

Individuals Who Have Been Convicted Of A Sex Offense: Attitudes On Legislation And Policy, Brenna L. Scott

Student Theses

Sex offender legislation, both at the state and federal level, was designed to keep communities safer. However research suggests that many of these laws do not decrease recidivism and in some cases may increase risk for reoffending. Despite this there has been little movement to repeal these laws. As such, it is important to understand how the current legislation impacts individuals who have committed a sex offense and their ability to successfully reintegrate into communities post-incarceration and what if anything can be done to improve existing laws. The current study surveyed 46 individuals convicted of sex offenses about their opinions …


Authority, Obedience, And Justification, Michelle Madden Dempsey 2021 University of Cincinnati College of Law

Authority, Obedience, And Justification, Michelle Madden Dempsey

University of Cincinnati Law Review

We have a duty to think for ourselves. The law claims authority over us. We have a duty, at least sometimes, to obey the law. Alone, each of these premises is fairly uncontroversial. Combined, they create some intriguing puzzles. Can law’s claim of authority be justified? If so, does justified legal authority entail an obligation to obey the law? If not, are we nonetheless justified, and perhaps even obligated, to act as if such an obligation exists? While this essay is hardly the first to address these questions, it is the first to do so by combining elements of Joseph …


Prosecuting The Phone Scammer When Extradition Fails And Concurrent Jurisdiction Exists, Michelle Lepkofker 2021 Brooklyn Law School

Prosecuting The Phone Scammer When Extradition Fails And Concurrent Jurisdiction Exists, Michelle Lepkofker

Brooklyn Journal of International Law

Advancements in technology allow people to place phone calls half a world away via the internet. This technology has made it easier and cheaper for consumers to communicate, but it has also made it easier for scammers to reach more unsuspecting victims. In 2020, TrueCaller, an app designed to block scam phone calls, successfully blocked, and identified 31.3 billion spam calls in 20 countries. In the same year, Americans alone lost a total of USD $ 29.8 billion to scam calls. This Note argues that phone scams continue to be lucrative, in part, because criminal prosecutions of transnational crimes are …


A Model For Analyzing And Grading The Quality Of Scientific Authorities Presented To State Legislative Committees, Rose Tempowski, Maxine Lintern, Jill Molloy, Sarah L. Cooper 2021 University of St. Thomas, Minnesota

A Model For Analyzing And Grading The Quality Of Scientific Authorities Presented To State Legislative Committees, Rose Tempowski, Maxine Lintern, Jill Molloy, Sarah L. Cooper

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Neurolaw: Brain-Computer Interfaces, Nadine Liv 2021 University of St. Thomas, Minnesota

Neurolaw: Brain-Computer Interfaces, Nadine Liv

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Is Compulsory Detention And Involuntary Treatment Of Mental Health Patients Always A Breach Of Human Rights?, Oluwatemilorun Adenipekun 2021 University of St. Thomas, Minnesota

Is Compulsory Detention And Involuntary Treatment Of Mental Health Patients Always A Breach Of Human Rights?, Oluwatemilorun Adenipekun

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Competence To Stand Trial Assessment: Practice-Based Views On The Role Of Neuroscience, John T. Philipsborn, Melissa Hamilton 2021 University of St. Thomas, Minnesota

Competence To Stand Trial Assessment: Practice-Based Views On The Role Of Neuroscience, John T. Philipsborn, Melissa Hamilton

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


An Update On Gambling Disorder, Neuroscience, And The Law, Stacey A. Tovino 2021 University of St. Thomas, Minnesota

An Update On Gambling Disorder, Neuroscience, And The Law, Stacey A. Tovino

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


The Revelatory Nature Of Covid-19 Compassionate Release In An Age Of Mass Incarceration, Crime Victim Rights, And Mental Health Reform, Jennifer Brobst 2021 University of St. Thomas, Minnesota

The Revelatory Nature Of Covid-19 Compassionate Release In An Age Of Mass Incarceration, Crime Victim Rights, And Mental Health Reform, Jennifer Brobst

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Toward A Definition Of "Neurolaw", Francis X. Shen 2021 University of St. Thomas, Minnesota

Toward A Definition Of "Neurolaw", Francis X. Shen

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


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