From the Guilty Mind to the Punished Person: Criminal Culpability through the ‘Evolution’ of Punishment

2020 ◽  
Keyword(s):  
Criminal Culpability

Criminal Culpability

2018 ◽  
Author(s):  
Gideon Yaffe
Keyword(s):  
Moral Reasons ◽  
Quality Of Will ◽  
Moral Culpability ◽  
Criminal Culpability

This chapter offers and defends a theory of criminal culpability according to which to be criminally culpable for a wrongful act is for the act to manifest faulty dispositions for recognizing, weighing, or responding to the legal reasons to refrain from the act. The chapter clarifies this position by explaining what such dispositions are, what it is for them to be faulty, and the conditions under which they are manifested in an act. Under the position presented here, there is a distinction between criminal culpability and moral culpability corresponding to the distinction between legal and moral reasons to refrain from an act. The chapter also distinguishes the view proposed from both character theories of responsibility and quality of will theories.

Forensic Sleep Medicine

2020 ◽  
pp. 497-510
Author(s):  
Kenneth J. Weiss ◽  
Clarence Watson ◽  
Mark R. Pressman
Keyword(s):  
Sleep Disorders ◽  
Expert Testimony ◽  
Violent Behavior ◽  
Behavior Disorder ◽  
Sleep Medicine ◽  
Sleep Stages ◽  
Rem Behavior Disorder ◽  
Criminal Charges ◽  
Violent Acts ◽  
Criminal Culpability

Patients with sleep disorders can exhibit behavior that includes violent acts. The behavior may occur during various sleep stages, ranges in complexity, and requires an analysis of consciousness. When the behavior harms another person and criminal charges follow, expert testimony will be required to explain the physiology of the disorder and impairments in consciousness that determine criminal culpability, that is, whether there was conscious intent behind the behavior. In this chapter, sleep-related conditions associated with violent behavior are discussed, along with guidelines for presenting scientific testimony in court. These disorders include rapid eye movement (REM) behavior disorder, somnambulism and other non-REM partial awakenings, and hypersomnolence. Feigned symptoms and malingering must be ruled out, and the clinical parameters for them are discussed. While the physiology of sleep disorders has widely been known, admissibility in court is not automatic. Standards for acceptable expert testimony are discussed.

Developmental Psycholegal Capacities

2018 ◽  
pp. 158-177 ◽  
Author(s):  
Thomas Grisso
Keyword(s):  
Decision Making ◽  
Children And Adolescents ◽  
Medical Patients ◽  
Psychology And Law ◽  
History Of ◽  
Legal Contexts ◽  
Criminal Culpability

This chapter provides a history of theory and research, beginning in the 1970s, on the abilities of children and adolescents to make decisions related to their civil and criminal rights. In this context, the author describes his entry into the field of psychology and law in the 1970s with his seminal studies of juveniles’ capacities to waive Miranda rights. The chapter then inventories the growth of research, to the present, on children’s decision-making capacities in legal contexts. Research has focused especially on youths’ competence to make decisions as medical patients and as defendants, as well as perspectives on their reduced criminal culpability due to developmental immaturity.

What Is Criminal Culpability?

2019 ◽  
pp. 27-82
Author(s):  
Alexander Sarch
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Explanatory Power ◽  
Mental States ◽  
Criminal Culpability

Chapter 2 aims to elucidate the concept of criminal culpability. Since the project of the book is to analyze, evaluate, and ultimately defend certain criminal law doctrines that impute mental states on the basis of equal culpability, the chapter explains what criminal culpability is. Chapter 2 presents the author’s theory of culpability and aims to show why it offers an attractive way to think about this concept. The theory falls squarely within the insufficient regard tradition, but the chapter fleshes out details in new ways to strengthen the theory and solve certain problems for this sort of position. The chapter is divided into two main parts. The first is ecumenical and aims to bring as many into the broad church of the insufficient regard theory as possible. The chapter does this by highlighting the explanatory power of the author’s version of the theory (particularly the requirement to manifest bad attitudes in action before criminal liability attaches and the criminal law’s general disinterest in motives and other unmanifested mental states). The chapter also shows how the theory can accommodate both sides in certain controversies about the criminal law. The second half of the chapter adopts a normative stance and provides arguments for how these controversies should be resolved. This insufficient regard theory is used as the basis for the arguments going forward in the book.

The Limits of Criminal Culpability

2012 ◽  
Vol 25 (1) ◽  
pp. 159-175
Author(s):  
Mark Thornton
Keyword(s):  
Criminal Law ◽  
Core Concept ◽  
The Core ◽  
Criminal Culpability ◽  
Subjectivist Theory

The authors of Crime and Culpability hold a subjectivist theory of criminal culpability according to which the core concept in culpability is subjective recklessness, negligence is not culpable, and it is irrelevant to culpability whether or not a criminal act results in harm. I argue against these three theses and criticize the authors’ views on the structure of criminal law, criminal defences, criminal attempts, and codification.

Social influence on children's standards for judging criminal culpability.

1978 ◽  
Vol 14 (2) ◽  
pp. 125-131 ◽  
Author(s):  
Herbert D. Saltzstein ◽  
Daniel Sanvitale ◽  
Alan Supraner
Keyword(s):  
Social Influence ◽  
Criminal Culpability
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