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Articles 1 - 7 of 7
Full-Text Articles in Criminology
Internal And External Challenges To Culpability, Stephen J. Morse
Internal And External Challenges To Culpability, Stephen J. Morse
All Faculty Scholarship
This article was presented at “Guilty Minds: A Virtual Conference on Mens Rea and Criminal Justice Reform” at Arizona State University’s Sandra Day O’Connor College of Law. It is forthcoming in Arizona State Law Journal Volume 53, Issue 2.
The thesis of this article is simple: As long as we maintain the current folk psychological conception of ourselves as intentional and potentially rational creatures, as people and not simply as machines, mental states will inevitably remain central to ascriptions of culpability and responsibility more generally. It is also desirable. Nonetheless, we are in a condition of unprecedented internal challenges to …
Influencing Legislation For Juveniles In The Adult Judicial System: A Phenomenological Examination Of Legal Advocates, Krista F. Franklin
Influencing Legislation For Juveniles In The Adult Judicial System: A Phenomenological Examination Of Legal Advocates, Krista F. Franklin
Antioch University Dissertations & Theses
INFLUENCING LEGISLATION FOR JUVENILES IN THE ADULT JUDICIAL SYSTEM: A PHENOMENOLOGICAL EXAMINATION OF LEGAL ADVOCATES Krista Franklin Antioch University Seattle Seattle, WA This phenomenological study explores the lived experience of Washington State lawmakers and legal activists regarding their involvement in passing Washington State Senate Bill 5064 in February 2014. In response to the 2012 landmark federal Supreme Court decision, Miller v. Alabama, Senate Bill 5064 reduced the number of crimes for which juveniles could be sentenced as adults to life without parole. Six interviewees were selected from those who testified in Olympia, WA. Individual interviews were conducted in an open-ended …
How Should Justice Policy Treat Young Offenders?, B J. Casey, Richard J. Bonnie, Andre Davis, David L. Faigman, Morris B. Hoffman, Owen D. Jones, Read Montague, Stephen J. Morse, Marcus E. Raichle, Jennifer A. Richeson, Elizabeth S. Scott, Laurence Steinberg, Kim A. Taylor-Thompson, Anthony D. Wagner
How Should Justice Policy Treat Young Offenders?, B J. Casey, Richard J. Bonnie, Andre Davis, David L. Faigman, Morris B. Hoffman, Owen D. Jones, Read Montague, Stephen J. Morse, Marcus E. Raichle, Jennifer A. Richeson, Elizabeth S. Scott, Laurence Steinberg, Kim A. Taylor-Thompson, Anthony D. Wagner
All Faculty Scholarship
The justice system in the United States has long recognized that juvenile offenders are not the same as adults, and has tried to incorporate those differences into law and policy. But only in recent decades have behavioral scientists and neuroscientists, along with policymakers, looked rigorously at developmental differences, seeking answers to two overarching questions: Are young offenders, purely by virtue of their immaturity, different from older individuals who commit crimes? And, if they are, how should justice policy take this into account?
A growing body of research on adolescent development now confirms that teenagers are indeed inherently different from adults, …
Introduction To The Structure And Limits Of Criminal Law, Paul H. Robinson, Joshua Samuel Barton
Introduction To The Structure And Limits Of Criminal Law, Paul H. Robinson, Joshua Samuel Barton
All Faculty Scholarship
The book The Structure and Limits of Criminal Law (Ashgate) collects and reprints classic articles on three topics: the conceptual structure of criminal law doctrine, the conduct necessary and that sufficient for criminal liability, and the offender culpability and blameworthiness necessary and that sufficient for criminal liability. The collection includes articles by H.L.A. Hart, Sanford Kadish, George Fletcher, Herbert Packer, Norval Morris, Gordon Hawkins, Andrew von Hirsch, Bernard Harcourt, Richard Wasserstrom, Andrew Simester, John Darley, Kent Greenawalt, and Paul Robinson. This essay serves as an introduction to the collection, explaining how each article fits into the larger debate and giving …
The Effect Of Mental Illness Under U.S. Criminal Law, Paul H. Robinson
The Effect Of Mental Illness Under U.S. Criminal Law, Paul H. Robinson
All Faculty Scholarship
This paper reviews the various ways in which an offender's mental illness can have an effect on liability and offense grading under American criminal law. The 52 American jurisdictions have adopted a variety of different formulations of the insanity defense. A similar diversity of views is seen in the way in which different states deal with mental illness that negates an offense culpability requirement, a bare majority of which limit a defendant's ability to introduce mental illness for this purpose. Finally, the modern successor of the common law provocation mitigation allows, in its new breadth, certain forms of mental illness …
Education & Crime: A Study In Student Perceptions Of Culpability, Larry Curtis Long
Education & Crime: A Study In Student Perceptions Of Culpability, Larry Curtis Long
Masters Theses
Criminological research has long been concerned with how stereotypes of offender race and gender affect perceived culpability and policy formation. Using data collected from a college student population that were administered six vignettes written in the form of police blotters that depicted different crimes being committed by offenders with differing educational characteristics, this study seeks to identify whether or not an offender’s educational characteristics affect their perceived culpability. Although the data indicates that offender’s are seen as culpable regardless of their educational characteristics, it is evident that some degree or sociopathy is assessed to offender’s that are seen as educated …
Gene-Environment Interactions, Criminal Responsibility, And Sentencing, Stephen J. Morse
Gene-Environment Interactions, Criminal Responsibility, And Sentencing, Stephen J. Morse
All Faculty Scholarship
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 …