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law-and-neuroscience

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Journal Articles
New Criminal Law Review (2018) 21 (2): 212–246.
Published: 01 May 2018
...Morris B. Hoffman A sitting trial judge, and member of the MacArthur Foundation’s Research Network on Law and Neuroscience, makes short-term, long-term and “never happening” predictions about the impacts neuroscience will have on law. © 2018 by The Regents of the University of California 2018...
Journal Articles
New Criminal Law Review (2014) 17 (2): 252–311.
Published: 01 May 2014
... philosophy, free exercise and religious accommodations, mental health and the evidentiary utility of neuroscience, and equality concerns touching on racial and ethnic, gender, and sexual minorities. Above all, this issue touches on an underappreciated tension between two pillars of American law: freedom of...
Journal Articles
New Criminal Law Review (2013) 16 (3): 449–493.
Published: 01 July 2013
...Emad H. Atiq Do recent results in neuroscience and psychology that portray our choices as predetermined threaten to undermine the assumptions about “free will” that drive criminal law? This article answers in the affirmative, and offers a novel argument for the transformative import of modern...
Journal Articles
New Criminal Law Review (2018) 21 (4): 492–513.
Published: 01 November 2018
... (identifying) criminals, and correcting them. The following paper examines specifically how Patrick Colquhoun approached such regulation by emphasizing “immoral habits” as a cause of crime that could be regulated, in concert, by civil society and criminal law. He called for the development of effective...
Journal Articles
New Criminal Law Review (2018) 21 (2): 209–211.
Published: 01 May 2018
... neurolaw: the relevance of neuroscience, mental illness, and mental states to the criminal law. Neuroscience has already begun to have profound impacts on criminal law, the legal academy, and the study of law. The tricky question for the criminal law is how to embrace neuroscience developments that can...
Journal Articles
New Criminal Law Review (2018) 21 (2): 291–315.
Published: 01 May 2018
.... Although some articles have appeared in law journals recently regarding the use of neuroscience in the criminal justice system in general (Catley & Claydon, 2015; Chandler, 2015; de Kogel & Westgeest, 2015; Denno, 2015), this article represents the first to examine how these data might influence juries and...
Journal Articles
New Criminal Law Review (2018) 21 (2): 267–290.
Published: 01 May 2018
... University in Ohio. His major research interests are biosocial/evolutionary criminology and the philosophy of law. He has pub- lished many books and articles on these topics. Department of Criminal Justice, Boise State University, Boise, Idaho 83725, 208-426-3240, twalsh@boisestate.edu The authors would like...
Journal Articles
New Criminal Law Review (2018) 21 (2): 247–266.
Published: 01 May 2018
... policy questions regarding what we, as a society, do with our mentally ill, and then looks at public perceptions and their impact on criminal justice decision making. © 2018 by The Regents of the University of California 2018 mental health evidence criminal law trial THE BLAME GAME: PUBLIC...
Journal Articles
New Criminal Law Review (2016) 19 (1): 109–124.
Published: 01 February 2016
... be limited and placed in the hands of others, such as their parents. This happens, or has happened in the past, in many areas of the law, in the contexts of education and religious liberty, for example, and whenever a juvenile attempts to make an important decision, such as the decision to have an...
Journal Articles
New Criminal Law Review (2015) 18 (4): 477–509.
Published: 01 November 2015
... neuroscience and the law has revisited this area of research more recently. In their initial study using the Model Penal Code (MPC) mens rea categories, Shen, Hoffman, Jones, Greene, &Maoris (2011) found that subjects had particular difficulty distinguishing between mental states of knowing and reckless, but...
Journal Articles
New Criminal Law Review (2014) 17 (4): 631–651.
Published: 01 November 2014
...April Gile Thomas; Elizabeth Cauffman It is critical that the legal and psychological issues surrounding youth sexting, a term derived from the joining of “sex” and “texting,” be considered. Based on current interpretations of the law, minors who engage in sexting can be charged with a felony...
Journal Articles
New Criminal Law Review (2014) 17 (4): 587–630.
Published: 01 November 2014
... theo- retical arguments for criminalization, and thus, works from the legal premise that in most states the U.S. courts have taken a similar position to that taken in the seminal English House of Lords decision in R. v. Brown. Keywords: criminal law, cosmetic surgery, criminalization, minors, medicine...
Journal Articles
New Criminal Law Review (2014) 17 (3): 405–406.
Published: 01 August 2014
...Roger J.R. Levesque © 2014 by the Regents of the University of California. 2014 SPECIAL ISSUE INTRODUCTION: DEVELOPMENTAL SCIENCE IN CRIMINAL LAW, PART I Roger J.R. Levesque* The past few years have witnessed dramatic developments in how criminal law and justice processes address youth...
Journal Articles
New Criminal Law Review (2014) 17 (3): 442–501.
Published: 01 August 2014
..., 2010. Jamie Brooks currently works as a litigation associate at Paul, Weiss, Rifkind, Wharton & Garrison LLP. Her chief research interests lie at the intersection of criminal law, psychology, and philosophy. The author would like to thank Tom Tyler and Kiel Brennan-Marquez for their guidance and...
Journal Articles
New Criminal Law Review (2014) 17 (3): 502–551.
Published: 01 August 2014
.... © 2014 by the Regents of the University of California. 2014 Neuroscience consent adolescence statutory rape decision making sexual harassment THE NEUROBIOLOGY OF DECISION MAKING IN HIGH-RISK YOUTH AND THE LAW OF CONSENT TO SEX Jennifer Ann Drobac* and Leslie A. Hulvershorn** Under certain...
Journal Articles
New Criminal Law Review (2014) 17 (3): 407–441.
Published: 01 August 2014
... approach to juvenile justice and criminal law more broadly might look like. Finally, the Con- clusion is aimed at encouraging the inclusion of a wider range of behavioral 5. See generally Joshua Greene & Jonathan Cohen, For the Law, Neuroscience Changes Everything and Nothing, 359 PHIL. TRANSACTIONS ROYAL...
Journal Articles
New Criminal Law Review (2013) 16 (1): 143–201.
Published: 01 January 2013
...Lucinda Vandervort This article proposes a rigorous method to map the law on to the facts in the legal analysis of sexual consent using a series of mandatory questions of law designed to eliminate the legal errors often made by decision makers who routinely rely on personal beliefs about and...
Journal Articles
New Criminal Law Review (2008) 11 (1): 51–90.
Published: 01 January 2008
... harm would occur immediately, and (f ) no nonviolent or less forceful alternatives were available whereby the threat could be avoided. United States law typically requires an affirmative answer to each of these questions. Yet in many cases, an actor threatened with harm will actually have no beliefs at...
Journal Articles
New Criminal Law Review (2006) 9 (2): 339–389.
Published: 01 January 2006
...Susan Bandes ©© 2006 by the Buffalo Criminal Law Review 2006 BANDESMACRO.DOC 3/14/2006 4:38 PM Repression and Denial in Criminal Lawyering Susan Bandes For criminal defense attorneys, being asked to justify defending those people is such a predictable part of the job it may as well be...
Journal Articles
New Criminal Law Review (2003) 6 (2): 951–1010.
Published: 01 January 2003
.... One cannot will without acting. If the will has to have an object in the world, the object can be the intended action itself. And the will does have to have an object. Id. I am pursuing this issue in great detail in a work titled Competency, Neuroscience and Law (in progress). BLUMOFFMACRO 2/4/2004 3...