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Full-Text Articles in Law
Football Most Foul, William A. Birdthistle
Football Most Foul, William A. Birdthistle
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The 2006 FIFA World Cup was a disappointing display of soccer, comprising forgettable athletic contests that turned most critically on the administration of justice. Referees, more than athletes, emerged as the central protagonists in each game by providing the most dramatic plot twist - either by handing out red cards, which they did at a record pace, or awarding penalty kicks, which provided the winning goal in almost ten percent of the tournament's games. For much of the viewing public, the footballers' performances were even more deplorable, as players constantly flopped to the ground at minor or nonexistent contact and …
How Psychology Is Changing The Punishment Theory Debate, Paul H. Robinson
How Psychology Is Changing The Punishment Theory Debate, Paul H. Robinson
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This brief essay reviews the contributions that social psychology is making the debate among criminal law theorists on the proper principle for the distribution of criminal liability and punishment. Included are a discussion of suggestions that deterrence may be ineffective as a distributive principle, that incapacitation of dangerous persons may be effective but might be more effective if pursued through a detention system distinct from the criminal justice system, and that desert as a distributive principle, ironically, might be the most effective for controlling crime. Available for download at http://ssrn.com/abstract=956130
The Uneasy Entente Between Insanity And Mens Rea: Beyond Clark V. Arizona, Stephen J. Morse, Morris B. Hoffman
The Uneasy Entente Between Insanity And Mens Rea: Beyond Clark V. Arizona, Stephen J. Morse, Morris B. Hoffman
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There is uneasy tension in the criminal law between the doctrines of mens rea and the defense of legal insanity. Last term, the Supreme Court addressed both these issues, but failed to clarify the relation between them. Using a wide range of interdisciplinary materials, this article discusses the broad doctrinal, theoretical, and normative issues concerning responsibility that arise in this context. We clarify the meaning of mental disorder, mens rea and legal insanity, the justification for and the relation between the latter two, and the relation among all three. Next we consider the reasoning in Clark, and for the most …