Evil or ill? Justifying the insanity defense.

被引:1
|
作者
Colb, SF [1 ]
机构
[1] Rutgers State Univ, Sch Law, Newark, NJ 07102 USA
关键词
D O I
10.2307/1229462
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
In her review of Evil ol III? Justifying the Insanity Defense, Professor Colb elucidates the tension between character and autonomy. In Evil or Ill?, author Lawrie Reznek has proposed a formula to identify appropriate excuses in the criminal law. His formula integrates both a strong version of autonomy and an underlying evil character as prerequisites to culpability. In Professor Colb's alternative construct, however, character replaces autonomy as the primary litmus test for criminal responsibility.
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页码:235 / 253
页数:19
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