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Articles 1 - 2 of 2
Full-Text Articles in Law
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
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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 …
The Model Penal Code's Conceptual Error On The Nature Of Proximate Cause, And How To Fix It, Paul H. Robinson
The Model Penal Code's Conceptual Error On The Nature Of Proximate Cause, And How To Fix It, Paul H. Robinson
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The Model Penal Code reconceptualized proximate cause to see it as part of the offense culpability requirements rather than as, in the traditional view, a minimum requirement for the strength of the connection between the actor's conduct and the prohibited result. That conceptual error, rare in the well-thought-out Model Code, invites misinterpretation and misapplication of the proximate cause provision, and can produce improper liability results. The failure is all the more unfortunate because the Model Code drafters did have an important improvement to offer in dealing with the challenging issue of proximate cause. Their jettison of fixed detailed rules in …