CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Tuesday, July 9, 2019

Levy on Criminal Responsibility

Ken Levy (Louisiana State University, Baton Rouge - Paul M. Hebert Law Center) has posted Criminal Responsibility (SAGE Encyclopedia of Criminal Psychology (Sage Publishing, 2019), pp. 269-72) on SSRN. Here is the abstract:
 
This invited entry offers a brief overview of criminal responsibility. 

The first part starts with a question: is Clyde criminally responsible for killing his girlfriend Bonnie? The answer: it depends. Particular circumstances determine whether Clyde is guilty of murder, guilty of manslaughter, not guilty because he has a good excuse, or not guilty because he has a good justification.


The second part addresses the complicated relationship between criminal responsibility and moral responsibility. Until recently, both concepts were considered to be more or less interchangeable. But there is a growing movement, which I refer to as "responsibility skepticism," which maintains that moral responsibility is either physically or metaphysically impossible. If the responsibility skeptics are right (that moral responsibility is impossible), then what are the implications for criminal responsibility and just criminal punishment? Should we abandon these as well? Or can they survive without moral responsibility? I try to answer these questions.

The third part addresses social causation. The criminal justice system tends to be "dispositionalist"; it tends, that is, to assume that criminal responsibility resides entirely within the defendant. Dispositionalism, however, overlooks the fact that who we are and what we do are significantly determined by environmental influences. I then try to show that this "situationist" alternative to dispositionalism should not radically alter our approach to criminal punishment.

The final part briefly discusses the difficulty in evaluating criminal responsibility when the defendant is both an offender and a victim - especially when the defendant is an offender *because* of his victimization.

https://lawprofessors.typepad.com/crimprof_blog/2019/07/levy-on-criminal-responsibility.html

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