Criminalizing conduct harm principle reconsidered

Crimes, Harms, and Wrongs: On the Principles of Criminalisation Authors: This comes to over seven million individuals, or nearly twice the population of Los Angeles. Although American jurisdictions may be unusual in their fondness for the criminal law, criminal sanctions are of course a popular and broadly used policy mechanism across the globe.

Criminalizing conduct harm principle reconsidered

Reiner 4 Neuroethics 65 Neuroscience has substantially advanced the understanding of how changes in brain biochemistry contribute to mechanisms of tolerance and physical dependence via exposure to addictive drugs.

Promoting a brain disease concept is grounded in beneficent and utilitarian thinking: However such claims may yield unintended consequences by fostering discrimination commonly associated with pathology. Specifically, the language of neuroscience used to describe addiction may reduce attitudes such as blame and responsibility while inadvertently identifying addicted persons as neurobiological others.

Interpretation of Article I

This paper examines the merits and limitations of adopting the language of neuroscience to describe addiction. It argues that the reframing of addiction in the language of neuroscience provides benefits such as the creation of empowered biosocial communities, but also creates a new set of risks, as descriptive neuroscience concepts are inseparable from historical attitudes and intuitions towards addiction and addicted persons.

In particular, placing emphasis on the diseased brain may foster unintended harm by paradoxically increasing social distance towards the vulnerable group the term is intended to benefit. Burgess Hillary Burgess 29 Quinnipiac L.

Lawyers need to be able to identify when their clients have legal problems outside of their narrow area of specialty and they need to devise legal solutions that do not violate other areas of law. However, law students tend to forget a significant amount of the doctrine and policy before they graduate.

Researchers have found ways to improve learning, especially for the complex learning that takes place in law school. Applying these techniques in law school would allow professors to cover more doctrine at more sophisticated levels while knowing that their students will retain much of their lessons throughout their career.

This article begins by mapping common law school learning tasks onto a leading taxonomy of learning objectives. This article argues that the legal curriculum engages all six levels of learning by traditionally teaching the lowest four levels of learning.

However, law schools traditionally test on the highest four levels of learning because this level of thinking is required to practice law competently.

Criminalizing conduct harm principle reconsidered

To help professors teach all six levels of learning optimally, this article provides a neuroscience and cognitive psychology perspective on how students learn. This section serves as a reference for any professor interested in how students learn.

The article reviews research that indicates that students learn more, at deeper levels, while retaining information longer when they engage in multimodal learning, especially learning involving visual aids and visual exercises. This article serves three purposes.

First, it provides professors with a review of the theoretical and scientific literature on learning theory as it applies to law school.

This information will provide professors a reference when they reform the overall legal curriculum, modify teaching strategies, and create innovative teaching methods. Secondly, this article provides professors with information about teaching methods that increase student learning and retention in law school, on the bar, and for a lifetime career in law.

Third, this article provides concrete guidelines for law faculty interested in incorporating visual aids effectively in their teaching.

The article also provides many concrete examples of specific teaching techniques that professors could adopt in their own class immediately.

Burton Angela O.

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Children in state foster care systems and juvenile prisons are particularly at risk of overmedication with psychotropic drugs. Psychotropic drugs act directly on the brain to affect behavior, emotion, or mood.

Because they are deemed to be highly addictive and susceptible to abuse and diversion into the illegal drug trade, some are designated as controlled substances under the United Nations Convention on Psychotropic Substances, The conduct in question is marital infidelity of either spouse.

what harm is done to the other spouse by marital infidelity? My potential wife may harm me by repeatedly reminding .

The Criminalization of Lying: Under What Circumstances, If Any, Should Lies Be Made Criminal? Bryan H. Druzin yet remain uneasy with the notion of criminalizing Bartley’s conduct. This paper does not just broadly violate his “harm principle,” but fulfills the.

Similarly, although offensive conduct may involve a specific type of wrong and a specific type of resulting harm, as Simester and von Hirsch allege, that would nevertheless appear insufficient to explain why offense is a distinct principle rather than simply a particular application of the harm principle.

Several principles may underpin decisions about criminalization. These include the de minimis principle, that of the minimum criminalization. [5] Under this principle, the general harm principle fails to consider the possibility of other sanctions and the effectiveness of criminalization as a chosen option.

Antony Duff and Sandra Marshall have, however, recently highlighted two different interpretations of the harm principle—or to be more precise, they argue that there are in fact two distinct harm principles. 28 The first, which they call the “Harmful Conduct Principle” (HCP), is the principle essentially expressed by Simester and von.

* Roger Isaac Roots, J.D., M.C.J., graduated from Roger Williams University School of Law in , Roger Williams University School of Justice Studies in , and Montana State University-Billings (B.S., Sociology) in

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