Criminal Responsibility and Neuroscience: No Revolution Yet
نویسندگان
چکیده
منابع مشابه
Impulse control and criminal responsibility: lessons from neuroscience.
Almost all of the world's legal systems recognize the "M'Naghten" exception to criminal responsibility: the inability to appreciate the wrongfulness of action. This exception rests on the assumption that punishment is morally justified only if the defendant was able to choose whether to do wrong. Jurists and jurisdictions differ, however, on whether to extend M'Naghten's logic to cases where th...
متن کاملOn the Relevance of Neuroscience to Criminal Responsibility
Various authors debate the question of whether neuroscience is relevant to criminal responsibility. However, a plethora of different techniques and technologies, each with their own abilities and drawbacks, lurks beneath the label ‘‘neuroscience’’; and in criminal law responsibility is not a single, unitary and generic concept, but it is rather a syndrome of at least six different concepts. Con...
متن کاملWhat does recent neuroscience tell us about criminal responsibility?
A defendant is criminally responsible for his action only if he is shown to have engaged in a guilty act-actus reus (eg for larceny, voluntarily taking someone else's property without permission)-while possessing a guilty mind-mens rea (eg knowing that he had taken someone else's property without permission, intending not to return it)-and lacking affirmative defenses (eg the insanity defense o...
متن کاملCriminal Responsibility
are not always evident to the man in the street and are particularly easy to neglect when involved in the highly sensational atmosphere of a murder trial; this is of course particularly so if the details are horrific or sexual or both and if a plea of insanity is raised in defence. It may therefore be helpful to re-state the points at issue. The first point is that lawyers and doctors talk in d...
متن کاملCriminal Responsibility
the definition of a crime has never yet been clearly made. A crime has been described as a result of human conduct, which it is the policy of the governing power in the state to prevent. Usually it is followed by a punishment , but this was not always so. In early years, suffering was imposed on the wrongdoer, and in Roman times expiation was necessary to placate the offended gods. That which d...
متن کاملذخیره در منابع من
با ذخیره ی این منبع در منابع من، دسترسی به آن را برای استفاده های بعدی آسان تر کنید
ژورنال
عنوان ژورنال: Frontiers in Psychology
سال: 2019
ISSN: 1664-1078
DOI: 10.3389/fpsyg.2019.01406