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Criminal Law And Common Sense: An Essay On The Perils And Promise Of Neuroscience, Stephen J. Morse
Criminal Law And Common Sense: An Essay On The Perils And Promise Of Neuroscience, Stephen J. Morse
All Faculty Scholarship
This article is based on the author’s Barrock Lecture in Criminal Law presented at the Marquette University Law School. The central thesis is that the folk psychology that underpins criminal responsibility is correct and that our commonsense understanding of agency and responsibility and the legitimacy of criminal justice generally are not imperiled by contemporary discoveries in the various sciences, including neuroscience and genetics. These sciences will not revolutionize criminal law, at least not anytime soon, and at most they may make modest contributions to legal doctrine, practice, and policy. Until there are conceptual or scientific breakthroughs, this is my story …
Trusting To A Fault: Criminal Negligence And Faith Healing Deaths, Ken Nickel
Trusting To A Fault: Criminal Negligence And Faith Healing Deaths, Ken Nickel
Electronic Thesis and Dissertation Repository
Faith healing deaths occur infrequently in Canada, but when they do they pose a considerable challenge for criminal justice. Similar to caregivers who absent-mindedly and fatally forget a child in a hot vehicle, faith healers do not intentionally harm their children. It can seem legally excessive and unjust to prosecute achingly bereaved parents. But unlike ‘hot-car’ deaths, faith healing parents are not absent minded in the deaths they cause. Rather, significant deliberation and strength of will is necessary to treat their child’s ailment with faith alone. Two different Criminal Code provisions can be brought to bear upon these deaths, namely, …