Document Type
Article
Publication Date
2006
Abstract
This brief diagnostic note identifies a cognitive pathology, "Brain Overclaim Syndrome [BOS]," that often afflicts those inflamed by the fascinating new discoveries in the neurosciences. It begins by suggesting how one should think about the relation of neuroscience (or any other material explanation of human behavior) to criminal responsibility, distinguishing between internal and external critiques based on neuroscience. It then describes the signs and symptoms of BOS, the essential feature of which is to make claims about the implications of neuroscience for criminal responsibility that cannot be conceptually or empirically sustained. It then applies the diagnostic lens of BOS to the claims in Roper v. Simmons. Finally, the article recommends Cognitive Jurotherapy [CJ] as the therapy of choice for BOS.
Keywords
Brain Overclaim Syndrome, Cognitive Jurotherapy, Cognitive Pathology, Neuroscience
Publication Title
Ohio State Journal of Criminal Law
Repository Citation
Morse, Stephen J., "Brain Overclaim Syndrome and Criminal Responsibility: A Diagnostic Note" (2006). All Faculty Scholarship. 117.
https://scholarship.law.upenn.edu/faculty_scholarship/117
Included in
Behavior and Behavior Mechanisms Commons, Criminal Law Commons, Law and Psychology Commons, Neurosciences Commons
Publication Citation
3 Ohio St. J. Crim. L. 397 (2006)