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Do Criminal Minds Cause Crime? Neuroscience And The Physicalism Dilemma, John A. Humbach
Do Criminal Minds Cause Crime? Neuroscience And The Physicalism Dilemma, John A. Humbach
Elisabeth Haub School of Law Faculty Publications
The idea that mental states cause actions is a basic premise of criminal law. Blame and responsibility presuppose that criminal acts are products of the defendant's mind. Yet, the assumption that mental causation exists is at odds with physicalism, the widely shared worldview that “everything is physical.” Outside of law, there is probably no field of secular study in which one can seriously assert that unseen nonmaterial forces can cause physical events. But if physicalism is true then a fundamental premise of modern criminal justice must be false, namely, that criminals deserve punishment because their crimes are the products of …
Back To The Future: Does Apprendi Bar A Legislature's Power To Shift The Burden Of Proof Away From The Prosecution By Labeling An Element Of A Traditional Crime As An Affirmative Defense?, Leslie Yalof Garfield
Back To The Future: Does Apprendi Bar A Legislature's Power To Shift The Burden Of Proof Away From The Prosecution By Labeling An Element Of A Traditional Crime As An Affirmative Defense?, Leslie Yalof Garfield
Elisabeth Haub School of Law Faculty Publications
This Article considers whether it would be sound to extend the Apprendi rule to affirmative defenses. Part II of this Article considers the historical foundation of the Due Process Clause and the evolution of the assignment of the burden of proof for affirmative defenses and sentencing factors. Part II also reviews Mullaney and its progeny through the most current case, Apprendi. Part III discusses the Court's model for determining which categories of statutory language constitute elements requiring proof beyond a reasonable doubt and which are "nonessential element[s] of an offense." Part IV evaluates whether it is appropriate to assign the …
Review Of "Vigilante: The Backlash Against Crime In America" By William Tucker, Steven H. Goldberg
Review Of "Vigilante: The Backlash Against Crime In America" By William Tucker, Steven H. Goldberg
Elisabeth Haub School of Law Faculty Publications
No abstract provided.