Psychopathy and Criminal Responsibility

Authors

Stephen J. Morse, University of Pennsylvania Carey Law SchoolFollow

ORCID

Stephen Morse 0000-0002-7260-5012

Document Type

Article

Publication Date

2008

Abstract

This article considers whether psychopaths should be held criminally responsible. After describing the positive law of criminal responsibility in general and as it applies to psychopaths, it suggests that psychopaths lack moral rationality and that severe psychopaths should be excused from crimes that violate the moral rights of others. Alternative forms of social control for dangerous psychopaths, such as involuntary civil commitment, are considered, and the potential legal implications of future scientific understanding of psychopathy are addressed.

Publication Title

Neuroethics

Publication Citation

1 Neuroethics 205 (2008)

Repository Citation

Morse, Stephen J., "Psychopathy and Criminal Responsibility" (2008). All Faculty Scholarship. 2668.
https://scholarship.law.upenn.edu/faculty_scholarship/2668