Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Criminal law (2)
- A. Criminal sentencing (1)
- Absent-law (1)
- Altruistic punishment (1)
- Autonomy (1)
-
- Conscious will (1)
- Darwinian theory (1)
- Deal (1)
- Decision making (1)
- Evolution (1)
- Expected sentence (1)
- Genetics (1)
- Innocent until proven guilty (1)
- Legitimacy (1)
- Moral agency (1)
- Natural experiment (1)
- Neuroscience (1)
- Non-incarcerative sanctions (1)
- Organized crime (1)
- Outcome (1)
- Philosophy of law (1)
- Pleading (1)
- Prediction and prevention of dangerous behavior (1)
- Prefrontal cortex (1)
- Regression (1)
- Responsibility (1)
- Restorative justice (1)
- Shipwreck (1)
- Social cohesion (1)
- Social cooperation (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
Putting The Trial Penalty On Trial, David S. Abrams
Putting The Trial Penalty On Trial, David S. Abrams
All Faculty Scholarship
The "trial penalty" is a concept widely accepted by all the major actors in the criminal justice system: defendants, prosecutors, defense attorneys, court employees, and judges. The notion is that defendants receive longer sentences at trial than they would have through plea bargain, often substantially longer. The concept is intuitive: longer sentences are necessary in order to induce settlements and without a high settlement rate it would be impossible for courts as currently structured to sustain their immense caseload. While intuitively appealing, this view of the trial penalty is completely at odds with economic prediction. Since both prosecutors and defendants …
Neuroscience And The Future Of Personhood And Responsibility, Stephen J. Morse
Neuroscience And The Future Of Personhood And Responsibility, Stephen J. Morse
All Faculty Scholarship
This is a chapter in a book, Constitution 3.0: Freedom and Technological Change, edited by Jeffrey Rosen and Benjamin Wittes and published by Brookings. It considers whether likely advances in neuroscience will fundamentally alter our conceptions of human agency, of what it means to be a person, and of responsibility for action. I argue that neuroscience poses no such radical threat now and in the immediate future and it is unlikely ever to pose such a threat unless it or other sciences decisively resolve the mind-body problem. I suggest that until that happens, neuroscience might contribute to the reform of …
Natural Law & Lawlessness: Modern Lessons From Pirates, Lepers, Eskimos, And Survivors, Paul H. Robinson
Natural Law & Lawlessness: Modern Lessons From Pirates, Lepers, Eskimos, And Survivors, Paul H. Robinson
All Faculty Scholarship
The natural experiments of history present an opportunity to test Hobbes' view of government and law as the wellspring of social order. Groups have found themselves in a wide variety of situations in which no governmental law existed, from shipwrecks to gold mining camps to failed states. Yet the wide variety of situations show common patterns among the groups in their responses to their often difficult circumstances. Rather than survival of the fittest, a more common reaction is social cooperation and a commitment to fairness and justice, although both can be subverted in certain predictable ways. The absent-law situations also …