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Proving the Unprovable: The Role of Law, Science, and Speculation in Adjudicating Culpability and Dangerousness

Christopher Slobogin

Published in print:
2006
Published Online:
April 2010
ISBN:
9780195189957
eISBN:
9780199893980
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195189957.001.0001
Subject:
Psychology, Forensic Psychology

Culpability and dangerousness are the two central issues raised by any sensible societal attempt to deal with antisocial behavior. For the past century, mental health professionals have been heavily ... More


Stupid Plans and Inherent Impossibility

Gideon Yaffe

in Attempts: In the Philosophy of Action and the Criminal Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199590667
eISBN:
9780191595530
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199590667.003.0010
Subject:
Philosophy, Moral Philosophy, General

Many jurisdictions allow a defendant to avoid criminal liability for an “inherently impossible” attempt, such as an attempt to commit murder by incantation. What distinguishes the “inherently ... More


Confidentiality and the Prediction of Dangerousness in Psychiatry

William J. Curran

in Applied Ethics in Mental Health Care: An Interdisciplinary Reader

Published in print:
2013
Published Online:
May 2014
ISBN:
9780262019682
eISBN:
9780262317245
Item type:
chapter
Publisher:
The MIT Press
DOI:
10.7551/mitpress/9780262019682.003.0016
Subject:
Biology, Bioethics

The author provides a contemporaneous and critical perspective of Tarasoff vs. Regents of the University of California and articulates concerns about the so-called ‘duty to warn’.


The Current State of the Science and the Law

Christopher Slobogin

in Proving the Unprovable: The Role of Law, Science, and Speculation in Adjudicating Culpability and Dangerousness

Published in print:
2006
Published Online:
April 2010
ISBN:
9780195189957
eISBN:
9780199893980
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195189957.003.0006
Subject:
Psychology, Forensic Psychology

This chapter begins by describing the current state of prediction science, which is improving but is still almost as likely to produce inaccurate judgments as accurate ones. It also makes the crucial ... More


Evaluations of Violence Risk in Capital Sentencing

David DeMatteo, Daniel C. Murrie, Natalie M. Anumba, and Michael E. Keesler

in Forensic Mental Health Assessments in Death Penalty Cases

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195385809
eISBN:
9780199895311
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195385809.003.0027
Subject:
Psychology, Forensic Psychology

The United States Supreme Court has consistently conveyed that the death penalty must be an individualized determination, and many states have concluded that a defendant’s potential for future ... More


Doing Justice, Preventing Crime

Michael Tonry

Published in print:
2020
Published Online:
August 2020
ISBN:
9780195320503
eISBN:
9780197523094
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780195320503.001.0001
Subject:
Law, Criminal Law and Criminology

In the 2020s, no informed person disagrees that punishment policies and practices in the United States are unprincipled, chaotic, and much too often unjust. The financial costs are enormous. The ... More


Failure to Reassure as Public Wrong

Peter Ramsay

in The Insecurity State: Vulnerable Autonomy and the Right to Security in the Criminal Law

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199581061
eISBN:
9780191741005
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199581061.003.0003
Subject:
Law, Criminal Law and Criminology

This chapter provides detailed analysis of the case law on the criminal offence of breach of an Anti-Social Behaviour Order (ASBO). It demonstrates first, that the offence converts the conduct ... More


Criminal Punishment and Cognition

Mark Kelman

in The Heuristics Debate

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199755608
eISBN:
9780199895236
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199755608.003.0006
Subject:
Law, Philosophy of Law

Because fast and frugal heuristics theorists believe that people make all decisions, including decisions about whether to comply with legal regulations, by looking to a small number of ... More


The Preventive Turn in Criminal Law

Henrique Carvalho

Published in print:
2017
Published Online:
June 2017
ISBN:
9780198737858
eISBN:
9780191801501
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198737858.001.0001
Subject:
Law, Criminal Law and Criminology, Constitutional and Administrative Law

This book presents a theoretical examination of the rise and expansion of preventive criminal offences that has gained momentum in Anglo-American criminal justice since the late twentieth century. It ... More


Young people and violence: balancing public protection with meeting needs

Gwyneth Boswell

in Young people and 'risk'

Published in print:
2007
Published Online:
March 2012
ISBN:
9781847420008
eISBN:
9781447304364
Item type:
chapter
Publisher:
Policy Press
DOI:
10.1332/policypress/9781847420008.003.0004
Subject:
Social Work, Children and Families

In recent years, there have been political talks on the need to rebalance the criminal justice system in favour of the victims of crime. This ethos was reflected in the White Paper Justice for all ... More


Bioprediction in Criminal Cases

Christopher Slobogin

in Bioprediction, Biomarkers, and Bad Behavior: Scientific, Legal, and Ethical Challenges

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199844180
eISBN:
9780199369607
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199844180.003.0005
Subject:
Psychology, Cognitive Neuroscience, Forensic Psychology

This chapter opens with a hypothetical legal scenario posed at a law and genetics conference at the University of Maryland to consider the following questions. (1) May dangerousness form the basis ... More


Contesting Dangerousness, Risk, and Treatability: A Sociological View of Dangerous and Severe Personality Disorder (DSPD)

Susie Scott

in Being Amoral: Psychopathy and Moral Incapacity

Published in print:
2014
Published Online:
January 2015
ISBN:
9780262027915
eISBN:
9780262320382
Item type:
chapter
Publisher:
The MIT Press
DOI:
10.7551/mitpress/9780262027915.003.0013
Subject:
Philosophy, Philosophy of Mind

The chapter challenges the legal notion of dangerous and severe personality disorder from a sociological point of view. The author also argues for appreciating evaluative aspects of conceptual issues ... More


Philosophy and Policy

Michael Tonry

in Doing Justice, Preventing Crime

Published in print:
2020
Published Online:
August 2020
ISBN:
9780195320503
eISBN:
9780197523094
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780195320503.003.0001
Subject:
Law, Criminal Law and Criminology

Punishment theories and policies have marched in different directions in the United States for nearly 50 years. Philosophers and others who try to understand what justice requires, policymakers who ... More


Prediction and Incapacitation

Michael Tonry

in Doing Justice, Preventing Crime

Published in print:
2020
Published Online:
August 2020
ISBN:
9780195320503
eISBN:
9780197523094
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780195320503.003.0007
Subject:
Law, Criminal Law and Criminology

Predictions of future violence by individuals are substantially more often wrong than right. Minority offenders are more often incorrectly predicted to be violent than are white offenders. White ... More


Moving Beyond Profiling: The Virtues of Randomization

Bernard E. Harcourt

in Race, Ethnicity, and Policing: New and Essential Readings

Published in print:
2010
Published Online:
March 2016
ISBN:
9780814776155
eISBN:
9780814777480
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814776155.003.0022
Subject:
Sociology, Law, Crime and Deviance

This concluding chapter argues that the common actuarial tools used by researchers in predicting future dangerousness/violations are counterproductive. Throughout their use of strategies such as ... More


Making Accusations: Precautionary Logic and Embedded Suspicion in an Insecure and Uncertain World

Bill Hebenton and Toby Seddon

in Wrongful Allegations of Sexual and Child Abuse

Published in print:
2016
Published Online:
October 2016
ISBN:
9780198723301
eISBN:
9780191789700
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198723301.003.0007
Subject:
Law, Criminal Law and Criminology, Legal Profession and Ethics

This chapter builds on previous work by the authors that characterized and analysed the significance of radical precaution in the processes of securing ‘protection’ for citizens against dangerous ... More


Criminal Subjectivity and Socio-Political Imagination

Henrique Carvalho

in The Preventive Turn in Criminal Law

Published in print:
2017
Published Online:
June 2017
ISBN:
9780198737858
eISBN:
9780191801501
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198737858.003.0002
Subject:
Law, Criminal Law and Criminology, Constitutional and Administrative Law

This chapter explores the main conceptual building blocks for a reconceptualization of the subject of criminal law and its role in the process of criminalization. It focuses mainly on an examination ... More


Civil Society, Dangerousness, and the Ambivalence of Liberal Civil Order

Henrique Carvalho

in The Preventive Turn in Criminal Law

Published in print:
2017
Published Online:
June 2017
ISBN:
9780198737858
eISBN:
9780191801501
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198737858.003.0005
Subject:
Law, Criminal Law and Criminology, Constitutional and Administrative Law

This chapter concludes the book’s investigation into the conceptual foundations of the ambivalence found in contemporary criminal law and subjectivity. It discusses how this ambivalence relates to ... More


The Preventive Turn: An Ambivalent Law in an Insecure World

Henrique Carvalho

in The Preventive Turn in Criminal Law

Published in print:
2017
Published Online:
June 2017
ISBN:
9780198737858
eISBN:
9780191801501
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198737858.003.0007
Subject:
Law, Criminal Law and Criminology, Constitutional and Administrative Law

This concluding chapter applies the theoretical framework developed throughout the book to the contemporary framework of criminal law. It traces the ambivalence of criminal subjectivity through the ... More


Pashukanis and Public Protection

Peter Ramsay

in Foundational Texts in Modern Criminal Law

Published in print:
2014
Published Online:
November 2014
ISBN:
9780199673612
eISBN:
9780191751745
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199673612.003.0011
Subject:
Law, Criminal Law and Criminology, Legal History

Through a critique of Evgeny Pashukanis’s Marxist theory of criminal law, this chapter seeks to identify the historical conditions for the emergence of the victim as the key normative figure in ... More


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