Open Access. Powered by Scholars. Published by Universities.®
Criminology and Criminal Justice Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Blame (1)
- Blameworthiness proportionality (1)
- Brain (1)
- Cognition (1)
- Criminal law codification (1)
-
- Decision-making (1)
- Desert (1)
- Emotions (1)
- Empirical desert (1)
- Empirical study (1)
- Excuse (1)
- Executive functioning (1)
- Failure of justice (1)
- General mitigation provision (1)
- Heat of passion (1)
- Injustice (1)
- Juvenile justice (1)
- Limiting retributivism (1)
- Mental disorder (1)
- Mental or emotional disturbance (1)
- Model Penal Code (1)
- Moral & criminal responsibility (1)
- Normative inquiry (1)
- Nullification (1)
- Perception (1)
- Personal choice inquiry (1)
- Provocation (1)
- Psychic state inquiry (1)
- Psychological correlation to neuroscientific variables (1)
- Punishment (1)
Articles 1 - 2 of 2
Full-Text Articles in Criminology and Criminal Justice
Is Executive Function The Universal Acid?, Stephen J. Morse
Is Executive Function The Universal Acid?, Stephen J. Morse
All Faculty Scholarship
This essay responds to Hirstein, Sifferd and Fagan’s book, Responsible Brains (MIT Press, 2018), which claims that executive function is the guiding mechanism that supports both responsible agency and the necessity for some excuses. In contrast, I suggest that executive function is not the universal acid and the neuroscience at present contributes almost nothing to the necessary psychological level of explanation and analysis. To the extent neuroscience can be useful, it is virtually entirely dependent on well-validated psychology to correlate with the neuroscientific variables under investigation. The essay considers what executive function is and what the neuroscience adds to our …
Mitigations: The Forgotten Side Of The Proportionality Principle, Paul H. Robinson
Mitigations: The Forgotten Side Of The Proportionality Principle, Paul H. Robinson
All Faculty Scholarship
In the first change to the Model Penal Code since its promulgation in 1962, the American Law Institute in 2017 set blameworthiness proportionality as the dominant distributive principle for criminal punishment. Empirical studies suggest that this is in fact the principle that ordinary people use in assessing proper punishment. Its adoption as the governing distributive principle makes good sense because it promotes not only the classic desert retributivism of moral philosophers but also crime-control utilitarianism, by enhancing the criminal law’s moral credibility with the community and thereby promoting deference, compliance, acquiescence, and internalization of its norms, rather than suffering the …