A Critical Analysis of the Changing Concept of Criminal Responsibility

By critically examining the concept of criminal responsibility we learn how the concept has undergone three major transformations. The changes are illuminated by focusing on structural transformations underlying legal theory and changes in the application of legislation and case law. Attention is also directed to the changing rhetoric of legitimation associated with each transformation.     

The Juristic Study of Law's Formal Character

Abstract. The author summarizes the essential elements of a general theory he is developing which he calls “The Formal Character of Law.” He explains that law's formal character is a potentially major branch of legal theory that is still relatively unexplored. In his view, it is possible to identify formal attributes in (1) legal rules, (2) other basic legal constructs such as interpretive method, the principles of stare decisis, legal reasons, and legislative and adjudicative processes, and (3) a legal system viewed as a whole. For example, a legal rule has, in varying degrees, such formal attributes as generality, definiteness, and simplicity. (Other constructs have other formal attributes.) Such attributes are formal in the sense that they apply to or accommodate highly variable content and do not prescribe or proscribe content. Of course, legal phenomena have other characteristics besides their formality. The author's main technique for developing his theory is to address a common set of questions to the varied formal attributes of (l), (2), and (3) above. Among other things, the answers to these questions further explicate how law is formal, demonstrate that law is not merely a means of serving problem-specific policy but also serves formal values (which may sometimes trump or limit policy), treats the relations between form and content—specially how good form begets good content and bad form bad content, explores the design and implementation of appropriate formality—its “anatomy and physiology,” and analyses the “pathology” of legal form including not only the “formalistic” (the overformal), but also the “sub-stantivistic,” and shows how the overall theory is important both jurisprudentially and in practical ways.     

PSYCHIATRISTS IN BLUE: POLICE APPREHENSION OF MENTAL DISORDER AND DANGEROUSNESS*

This article examines the discretionary judgments and reporting practices of police officers, in their apprehension of 528 defendants subsequently remanded for psychiatric assessment in a forensic unit located in Toronto, Canada. Analysis of arrest documents indicated that police routinely invoked labels of mental illness and dangerousness, and that they recommended psychiatric assessment in over a third of cases that eventuated in clinical remands. A significant relationship was yielded between police judgments and clinical assessments concerning the dangerousness of defendants. The police reports of forensic patients demonstrated the tendency of arresting officers to recommend psychiatric assessment as a vehicle for ensuring the dual application of judicial and therapeutic interventions. These police records were replete with moral assessments about mentally disordered defendants and with a number of strategies designed to influence the subsequent decisions of other legal and psychiatric authorities. In this study the police functioned as forensic gatekeepers, alerting clinicians and other officials to signs of mental disorder and criminality and to appropriate courses of action. At the initial point of arrest, the police assisted in laying the groundwork for the subsequent institutional careers of medicolegal subjects.     

A Communication Model of Taxpayer Honesty

Sample surveys report that admitted tax evasion remains widespread and shows no sign of declining. An analysis of communication effects among Oregon adults suggests divergent, not convergent patterns among the users of mass media and personal information channels. Mass media exposure is strongly related to fear of getting caught and is directly related to taxpayer honesty. Personal discussion, however, is associated with low fear perceptions and is unrelated to compliance. Low fears are related to taxpayer dishonesty. No relationship is reported between mass media use and interpersonal discussion. Personal discussion does not appear to reinforce media messages as one would expect in a convergent communication model. Communication strategies for fostering compliance are discussed.