It is not necessarily concerning that it is harder for some to conform to the law until it brings up the issue of insanity. The insanity defense, though controversial, is inherently retributive in that punishing the mentally ill is not…
It is not necessarily concerning that it is harder for some to conform to the law until it brings up the issue of insanity. The insanity defense, though controversial, is inherently retributive in that punishing the mentally ill is not blameworthy. As ill-suited subjects for blame, mentally ill persons lack the cognitive reasoning skills necessary to be held legally accountable. Exculpating the mentally ill is not only retributive, but also deeply intuitive, evidenced by how many mentally ill persons seem "odd or crazy" to the average person. Finally, of all the tests used to determined insanity, the Federal Test of 1984 most successfully renders the insanity defense narrow enough to minimize abuse, allows for expert testimony, and calls for a cognitive interpretation of insanity.
Date Created
The date the item was original created (prior to any relationship with the ASU Digital Repositories.)
Bad Samaritans are bystanders who omit from preventing some foreseeable harm when doing so could have been accomplished with little risk. Although failing to intervene to prevent a harm often renders Bad Samaritans morally culpable, under current common law in…
Bad Samaritans are bystanders who omit from preventing some foreseeable harm when doing so could have been accomplished with little risk. Although failing to intervene to prevent a harm often renders Bad Samaritans morally culpable, under current common law in the United States they could not be held criminally liable for any harm that resulted to the victims of that harm. In this paper I argue for the criminalization of individuals who fall under this label; I argue for the adoption of Bad Samaritan laws. To accomplish this, I first argue for the conclusion that omissions can causally contribute to harm. From here I am able to reach three further conclusions relative to Bad Samaritan legislation. These three conclusions are that Bad Samaritan laws are justified, that the punishment for the violation of a Bad Samaritan law should be proportional to the degree culpability for the harm caused, and that if "commission by omission" statutes are justified, then so too are Bad Samaritan laws.
Date Created
The date the item was original created (prior to any relationship with the ASU Digital Repositories.)
This thesis provides jurors in criminal cases with a body of advice to guide and enrich their understanding of legal proof, knowledge, and justification, in order to ensure that the American legal system is carrying out justice. According to Michael…
This thesis provides jurors in criminal cases with a body of advice to guide and enrich their understanding of legal proof, knowledge, and justification, in order to ensure that the American legal system is carrying out justice. According to Michael Pardo’s (2010) article ‘The Gettier Problem and Legal Proof,’ there are five different possible accounts of the relationship between knowledge and legal proof, which vary based on the way they handle different perspectives on legal proof, epistemic concepts, and the extent to which justification is part of the goal or the goal of legal proof. I will argue that jurors in serious criminal cases should adhere to the knowledge account when evaluating evidence in trial. On this account the aim of a criminal trial is for the jurors to gain knowledge, ensuring that their verdict aims at something beyond a merely justified true belief. Under the knowledge account the existence of any probatory errors or material errors sufficient to undermine knowledge in a trial are grounds for an acquittal. The definitions that I use for the material perspective and the probatory perspective differ from the standard notions of these terms. The term probatory more commonly refers to evidence and/or propositions that prove or help prove a proposition at issue for the purposes of deciding on a legal verdict. Evidence and/or propositions that are not probative do not prove or help prove a proposition at issue for the purposes of deciding on a legal verdict. The term material more commonly refers to evidence and/or propositions that are relevant to a legal case and establish or help establish the truth or falsity of a point at issue in a legal case. Evidence and/or propositions that are immaterial are irrelevant to a legal case and do not establish the truth or falsity of a point at issue in a legal case. I will use the following idiosyncratic definitions of the terms probatory and material as used in Pardo’s article ‘The Gettier Problem and Legal Proof’. The probatory perspective holds that truth is not essential to the goal of legal proof; instead, a proof standard is formulated that regulates whether the evidence meets the epistemic level set by the proof standard. A probatory error occurs when the evidence provided is insufficient to demonstrate that a proposition has met the requisite epistemic level set by the proof standard, yet a juror concludes that the proposition is proven. The material perspective includes truth as an essential part of the goal of legal proof, and on this perspective when probatory errors or material errors are made, the juror, the legal system, and the verdict have failed to achieve justice. A material error has occurred when either (a) the evidence provided is insufficient to demonstrate that a proposition has met the requisite epistemic level set by the proof standard, yet a juror concludes that the proposition is proven and/or (b) the proposition did not actually occur and a juror concludes that the proposition did occur. The case of Troy Anthony Davis provides an example of a trial that was arguably free from probatory errors, because the conviction of Davis was supported by sufficient evidence for knowledge beyond a reasonable doubt. Yet, Davis argued that his conviction was a miscarriage of justice, because material errors occurred in his trial viz., that he’s innocent and so the jury failed to find the truth. According to Justice Scalia (2009), defendants do not have the constitutional right to challenge their convictions through the writ of habeas corpus multiple times on the federal level when the state court and district court have already ruled that their trial is free of procedural errors. Under Justice Scalia’s perspective, defendants like Davis have exhausted all avenues of post conviction relief, if the state and federal courts have not unreasonably applied federal law, even if the convicted defendants claim that material errors occurred in his/her trial, i.e., the defendant actually did not commit the crime, yet the jury convicted the defendant. Justice Scalia argues that the district court would be in violation of the Antiterrorism and Effective Death Penalty Act of 1996, if it granted Davis the opportunity for a new trial, even if the district court was persuaded by the new evidence Davis provided to demonstrate that material errors occurred during his trial. Justice Stevens disagrees with Justice Scalia’s argument and upholds the constitutional significance of material errors. Justice Stevens argues that federal law, which bars death row inmates, who are actually able to prove their innocence, from receiving habeas corpus relief, may be unconstitutional even if their trials lack procedural errors. Davis exhausted the maximal amount of recourse the American legal system could provide him. The state court, appellate court, and the U.S. Supreme Court all denied Davis post conviction relief. Troy Anthony Davis was executed by lethal injection on September 21, 2011 at 7:00 p.m. For all the jury knew, however, Davis may very well have been innocent, even though he had a fair trial from a probatory perspective alone. If Davis were (and, he very well may have been) innocent, then a grave injustice has occurred. For the purposes of my thesis, I will use the Davis case as a case study and assume that Davis was innocent. I contest Justice Scalia’s ruling, arguing that a jury legally (and morally) should acquit a defendant if either probatory or material errors occur during his/her trial. The existence of these errors entails that the legal proof presented for the purposes of issuing a verdict failed to satisfy the knowledge account.
Date Created
The date the item was original created (prior to any relationship with the ASU Digital Repositories.)
We live in a world of inequality. Some thrive and live luxurious lives while others are deprived of the most basic necessities. With such extreme differences the question is raised, what is our moral obligation to help others? I will…
We live in a world of inequality. Some thrive and live luxurious lives while others are deprived of the most basic necessities. With such extreme differences the question is raised, what is our moral obligation to help others? I will examine two theories, Peter Singer's utilitarian theory and Michael Slote's care ethical approach, both of which outline humankind's moral obligation to help others. I will argue that Slote's approach to tackling this complex question is superior to Singer's approach, because it is more palatable and embraces human nature. I will then suggest a strategy to synthesize the two concepts, resulting in global and personal moral elevation.
Date Created
The date the item was original created (prior to any relationship with the ASU Digital Repositories.)
Many of us regularly make decisions with the intention of living longer, healthier lives. We try to eat right, exercise, take vitamins, get checkups, and keep our bodies in general good shape. Some of the enhancements we make that are…
Many of us regularly make decisions with the intention of living longer, healthier lives. We try to eat right, exercise, take vitamins, get checkups, and keep our bodies in general good shape. Some of the enhancements we make that are meant to increase the length or quality of life go even further: organ or joint replacement surgeries, cosmetic surgeries, cancer treatments, etc. These kinds of enhancements and attempts at increasing one's life, or, in some cases, the feeling or look of youth, are not the focus of this essay. These adjustments are too minor. Here I focus on the potential for significant lifespan extension (SLE), with "significant" being the operative word. For the purposes of this article, I shall define SLE as an extension to the human lifespan that is at least 100 years greater than humans 'current lifespan, which now maxes-out at about 120 years. Lifespan extension of merely a few years, say if people could live to 130 or so, would not likely result in vast personal and social differences. However, SLE promises to have more interesting and impactful potential results.
Date Created
The date the item was original created (prior to any relationship with the ASU Digital Repositories.)