Paul Robinson has a new piece entitled, "Are We Responsible for Who We Are? The Challenge in Criminal Law Theory in the Defenses of Coercive Indoctrination and Rotten Social Background."
Abstract:
Should coercive indoctrination or “rotten social background” be a defense to crime? Traditional desert-based excuse theory roundly rejects these defenses because the offender lacks cognitive or control dysfunction at the time of the offense. The standard coercive crime-control strategies of optimizing general deterrence or incapacitation of the dangerous similarly reject such defenses. Recognition of such defenses would tend to undermine, perhaps quite seriously, deterrence and incapacitation goals. Finally, the normative crime-control principle of empirical desert might support such an excuse, but only if the community’s shared intuitions of justice support it. The law’s rejection of such defenses suggests that there might be little popular support for them.
This is not necessarily the end of the story, however. Coercive indoctrination has in some cases, such as that of POW Richard Tenneson, prompted considerable public sympathy, confirming that lay persons do tend to exculpate some such offenders. Such intuitive support for a coercive indoctrination defense suggests that there may be practical crime-control value in having the criminal law recognize it. If the criminal law can build its reputation as a reliable moral authority with the community it governs, it can harness the potentially powerful forces of social and normative influence.
There are good arguments for seeing “rotten social background” as a form of coercive indoctrination and, thus, for considering it too for a defense under such a newly-created doctrine. However, while the two defenses may be analogous, having a “rotten social background” by itself is not likely to meet the minimum prerequisites that logically would adhere to a coercive indoctrination defense, and certainly would have little intuitive support. On the other hand, specific cases of “rotten social background” might well qualify, if it is shown that that experience forced upon the person a set of beliefs and values compelling him toward the offence that he could not reasonably have been expected to resist.
Hah, seriously? That's rediculous. No way
Posted by: Welding Electrodes | 12/19/2011 at 03:55 AM
At all I do not know, as to tell
Posted by: Metro icone application for Win | 09/24/2012 at 02:04 PM
An absolute acquaintance is an what person overlooks your trusty disappointments and additionally can handle your new successes. [url=http://ruegros.com/]nike tn pas cher[/url] nike tn pas cher
Posted by: nike tn pas cher | 05/09/2013 at 04:45 AM
Assume‘h fritter away the time for a individual/sweetheart,what individuals isn‘tonne happy to squandering his or her effort for you. [url=http://coachoutlet788.com/]coach outlet[/url] coach outlet
Posted by: coach outlet | 05/09/2013 at 04:45 AM
Love is normally weak for birth and labor, even so thrives more robust with each passing year if it's effectively feasted. [url=http://ruegoo.com/]grossiste vetement[/url] grossiste vetement
Posted by: grossiste vetement | 05/09/2013 at 04:46 AM
niFVLmdF http://www.8xGvVrS7mY812Ii6380fnd.com/
[url=http://www.8xGvVrS7mY812Ii6380fnd.com/]niFVLmdF[/url]
niFVLmdF
Posted by: niFVLmdF | 05/09/2013 at 05:45 AM
Are We Responsible for Who We Are? - Minds, Brains, and the Law pig http://www.japan-guide.com/ pig
Posted by: pig | 05/14/2013 at 05:07 AM
Are We Responsible for Who We Are? - Minds, Brains, and the Law michael kors outlet http://www.michaelkorseoutlet.org/ michael kors outlet
Posted by: michael kors outlet | 05/15/2013 at 02:14 AM
Are We Responsible for Who We Are? - Minds, Brains, and the Law LACOSTE OUTLET http://www.lacosteoutletbox.com/ LACOSTE OUTLET
Posted by: LACOSTE OUTLET | 05/15/2013 at 02:14 AM
Are We Responsible for Who We Are? - Minds, Brains, and the Law seo tools http://scrapebox.over-blog.com/ seo tools
Posted by: seo tools | 05/15/2013 at 07:52 AM
Are We Responsible for Who We Are? - Minds, Brains, and the Law mulberry bags http://www.topfashionbags.co.uk mulberry bags
Posted by: mulberry bags | 05/15/2013 at 07:53 AM
Are We Responsible for Who We Are? - Minds, Brains, and the Law cheap oakley http://www.summerglassespub.com/ cheap oakley
Posted by: cheap oakley | 05/15/2013 at 08:14 PM
Are We Responsible for Who We Are? - Minds, Brains, and the Law CHEAP LOUIS VUITTON BAGS http://www.shop2bags.com/ CHEAP LOUIS VUITTON BAGS
Posted by: CHEAP LOUIS VUITTON BAGS | 05/15/2013 at 08:14 PM
Are We Responsible for Who We Are? - Minds, Brains, and the Law cheap prom dresses http://www.dressyus.com/ cheap prom dresses
Posted by: cheap prom dresses | 05/15/2013 at 08:14 PM