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Criminology and Criminal Justice Commons™
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- Criminal law (3)
- Criminal Law and Procedure (2)
- Culpability (2)
- Mental disorders (2)
- Psychiatry (2)
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- Psychology (2)
- Responsibility (2)
- Autonomy (1)
- Civil Law (1)
- Competence (1)
- Consequentialism (1)
- Excuses (1)
- Expanding desert jurisprudence (1)
- Expanding disease jurisprudence (1)
- Genetic-environmental interactions (1)
- Insanity (1)
- Involuntary civil commitment (1)
- Justice (1)
- Liberty (1)
- Mental health law (1)
- Mitigation (1)
- Morality (1)
- Preemption and prevention of dangerous intentional conduct (1)
- Preventative detention (1)
- Prevention (1)
- Psychopaths (1)
- Rehabilitation (1)
- Sentencing (1)
- Sexual predators (1)
- Special treatment (1)
Articles 1 - 6 of 6
Full-Text Articles in Criminology and Criminal Justice
Protecting Liberty And Autonomy: Desert/Disease Jurisprudence, Stephen J. Morse
Protecting Liberty And Autonomy: Desert/Disease Jurisprudence, Stephen J. Morse
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This contribution to a symposium on the morality of preventive restriction on liberty begins by describing the positive law of preventive detention, which I term "desert/disease jurisprudence." Then it provides a brief excursus about risk prediction (estimation), which is at the heart of all preventive detention practices. Part IV considers whether proposed expansions of desert jurisprudence are consistent with retributive theories of justice, which ground desert jurisprudence. I conclude that this is a circle that cannot be squared. The following Part canvasses expansions of disease jurisprudence, especially the involuntary civil commitment of mentally abnormal, sexually violent predators, and the use …
Mental Disorder And Criminal Law, Stephen J. Morse
Mental Disorder And Criminal Law, Stephen J. Morse
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Mental disorder among criminal defendants affects every stage of the criminal justice process, from investigational issues to competence to be executed. As in all other areas of mental health law, at least some people with mental disorders, are treated specially. The underlying thesis of this Article is that people with mental disorder should, as far as is practicable and consistent with justice, be treated just like everyone else. In some areas, the law is relatively sensible and just. In others, too often the opposite is true and the laws sweep too broadly. I believe, however, that special rules to deal …
Provocation Manslaughter As Partial Justification And Partial Excuse, Mitchell N. Berman, Ian Farrell
Provocation Manslaughter As Partial Justification And Partial Excuse, Mitchell N. Berman, Ian Farrell
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The partial defense of provocation provides that a person who kills in the heat of passion brought on by legally adequate provocation is guilty of manslaughter rather than murder. It traces back to the twelfth century, and exists today, in some form, in almost every U.S. state and other common law jurisdictions. But long history and wide application have not produced agreement on the rationale for the doctrine. To the contrary, the search for a coherent and satisfying rationale remains among the main occupations of criminal law theorists. The dominant scholarly view holds that provocation is best explained and defended …
The Myth Of The Fully Informed Rational Actor, Stephanos Bibas
The Myth Of The Fully Informed Rational Actor, Stephanos Bibas
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No abstract provided.
Gene-Environment Interactions, Criminal Responsibility, And Sentencing, Stephen J. Morse
Gene-Environment Interactions, Criminal Responsibility, And Sentencing, Stephen J. Morse
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This chapter in, Gene-Environment Interactions in Developmental Psychopathology (K. Dodge & M. Rutter, eds. 2011), considers the relevance of GxE to criminal responsibility and sentencing. It begins with a number of preliminary assumptions that will inform the analysis. It then turns to the law’s view of the person, including the law’s implicit psychology, and the criteria for criminal responsibility. A few false starts or distractions about responsibility are disposed of briefly. With this necessary background in place, the chapter then turns specifically to the relation between GxE and criminal responsibility. It suggests that GxE causes of criminal behavior have no …
Two Cheers, Not Three For Sixth Amendment Originalism, Stephanos Bibas
Two Cheers, Not Three For Sixth Amendment Originalism, Stephanos Bibas
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No abstract provided.