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Now showing items 11-20 of 27
Predicting the Knowledge--Recklessness Distinction in the Human Brain
(Proceedings of the National Academy of Sciences, 2017-03-21)
Criminal convictions require proof that a prohibited act was performed in a statutorily specified mental state. Different legal consequences, including greater punishments, are mandated for those who act in a state of ...
Sharkfests and Databases
(Texas A&M Law Review, 2019)
The stock image of a plea negotiation in a criminal case depicts two lawyers in frayed business suits, meeting one-on-one in a dim corner of a courtroom lobby. The defendant is somewhere nearby, ready to receive information ...
Neuroscientists in Court
(Nature Reviews Neuroscience, 2014)
Neuroscientific evidence is increasingly being offered in court cases. Consequently, the legal system needs neuroscientists to act as expert witnesses who can explain the limitations and interpretations of neuroscientific ...
Misdemeanor Appeals
(Boston University Law Review, 2019)
We provide the first estimate of the rate of appellate review for misdemeanors, concluding that appellate courts review no more than eight in ten thousand misdemeanor convictions and disturb only one conviction or sentence ...
Realism, Punishment & Reform
(Chicago Law Review, 2010)
Professors Donald Braman, Dan Kahan, and David Hoffman, in their article "Some Realism About Punishment Naturalism," to be published in an upcoming issue of the University of Chicago Law Review, critique a series of our ...
Law, Responsibility, and the Brain
(PLoS Biology, 2007)
This article addresses new developments in neuroscience, and their implications for law. It explores, for example, the relationships between brain injury and violence, as well as the connections between mental disorders ...
Parsing the Behavioral and Brain Mechanisms of Third-Party Punishment
(The Journal of Neuroscience, 2016)
The evolved capacity for third-party punishment is considered crucial to the emergence and maintenance of elaborate human social organization and is central to the modern provision of fairness and justice within society. ...
Intuitions of Punishment
(University of Chicago Law Review, 2010)
Recent work reveals, contrary to wide-spread assumptions, remarkably high levels of agreement about how to rank order, by blameworthiness, wrongs that involve physical harms, takings of property, or deception in exchanges. ...
Dangerousness, Disability, and DNA
(Texas Tech Law Review, 2019)
This Article honors three of Professor Arnold Loewy's articles. The first, published over thirty years ago, is entitled Culpability, Dangerousness, and Harm: Balancing the Factors on Which Our Criminal Law is
Predicated,' ...
Sorting Guilty Minds
(New York University Law Review, 2011)
Because punishable guilt requires that bad thoughts accompany bad acts, the Model Penal Code (MPC) typically requires that jurors infer the past mental state of a criminal defendant. More specifically, jurors must sort ...