Stephen Morse

University of Pennsylvania Law School

Ferdinand Wakeman Hubbell Professor

3501 Sansom Street

Philadelphia, PA 19104

United States

SCHOLARLY PAPERS

32

DOWNLOADS
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CITATIONS
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SSRN RANKINGS

Top 16,370

in Total Papers Citations

21

Scholarly Papers (32)

1.

Brain Overclaim Syndrome and Criminal Responsibility: A Diagnostic Note

Ohio State Journal of Criminal Law, Vol. 3, p. 397, 2006, U of Penn Law School, Public Law Working Paper No. 06-35
Number of pages: 17 Posted: 13 Apr 2006
Stephen Morse
University of Pennsylvania Law School
Downloads 1,002 (15,472)
Citation 10

Abstract:

Brain Overclaim Syndrome, neuroscience, criminal responsibility, Roper v. Simmons, Cognitive Jurotherapy

2.

Lost in Translation?: An Essay on Law and Neuroscience

LAW AND NEUROSCIENCE, CURRENT LEGAL ISSUES, Vol. 13, p. 529, Michael Freeman, ed., 2011, U of Penn Law School, Public Law Research Paper No. 11-27
Number of pages: 19 Posted: 04 Aug 2011
Stephen Morse
University of Pennsylvania Law School
Downloads 768 (20,364)

Abstract:

Criminal law, psychology, psychiatry, mental disorders, functional magnetic resonance imaging, fMRI, mechanistic analysis of the brain and the relationship to behavior, behaviour, competence to stand trial, compulsion, responsibility, culpability, excuses, mitigation, sentencing

3.

Mental Disorder and Criminal Law

Journal of Criminal Law and Criminology, Vol. 101, p. 885, 2011, University of Pennsylvania Public Law & Legal Theory, Research Paper No. 11-23
Number of pages: 85 Posted: 24 Jul 2011 Last Revised: 02 Aug 2011
Stephen Morse
University of Pennsylvania Law School
Downloads 767 (20,263)
Citation 1

Abstract:

Criminal law, psychology, psychiatry, mental disorders, insanity, competence, responsibility, culpability, special treatment, justice, morality

4.

The Non-Problem of Free Will in Forensic Psychiatry and Psychology

Behavioral Sciences & the Law, Vol. 25, pp. 203-220, 2007, U of Penn Law School, Public Law Research Paper No. 07-19
Number of pages: 19 Posted: 23 Apr 2007
Stephen Morse
University of Pennsylvania Law School
Downloads 698 (26,443)
Citation 2

Abstract:

free will, reason, forensic psychiatry and psychology, criminal responsibility, excuse, mental health laws, law and philosophy, determinism, incompatibilism, compatibilism, jurisprudence

5.

Law and Neuroscience: Recommendations Submitted to the President's Bioethics Commission

Journal of Law and Biosciences, vol 1, pp 224-236 (2014)
Number of pages: 13 Posted: 31 Aug 2014 Last Revised: 27 Jul 2015
Vanderbilt University - Law School & Dept. of Biological Sciences, University of Virginia - School of Law, Yale University - Department of Psychology, US Court of Appeals - Fourth Circuit, University of California Hastings College of the Law, Second Judicial District Court Judge, State of Colorado, Virginia Polytechnic Institute & State University - Virginia Tech Carilion Research Institute, University of Pennsylvania Law School, Washington University School of Medicine, Yale University - Department of Psychology, Columbia University - Law School, Temple University, New York University School of Law, Stanford University - Psychology and Yale Law School
Downloads 543 (24,477)

Abstract:

law and neuroscience, psychology, neurolaw, criminal responsibility, tort liability, evidence, brain, memory, injury, emotion, lie detection, judging, psychopathy, fMRI, EEG, decision making, neuroethics, bioethics, punishment, sentencing

6.

The Uneasy Entente Between Insanity and Mens Rea: Beyond Clark v. Arizona

Journal of Criminal Law and Criminology, Vol. 97, p. 1071, 2008, U of Penn Law School, Public Law Working Paper No. 07-05
Number of pages: 79 Posted: 14 Feb 2007 Last Revised: 17 Nov 2009
Stephen Morse and Morris B. Hoffman
University of Pennsylvania Law School and Second Judicial District Court Judge, State of Colorado
Downloads 542 (37,754)
Citation 2

Abstract:

mens rea, insanity, blame, punishment, responsibility

7.

Addiction, Genetics and Criminal Responsibility

Law and Contemporary Problems, Vol. 69, p. 165, 2006
Number of pages: 43 Posted: 09 Oct 2006
Stephen Morse
University of Pennsylvania Law School
Downloads 483 (45,202)
Citation 1

Abstract:

8.

Genetics and Criminal Responsibility

Trends in Cognitive Sciences, Forthcoming, U of Penn Law School, Public Law Research Paper No. 11-34
Number of pages: 4 Posted: 24 Aug 2011
Stephen Morse
University of Pennsylvania Law School
Downloads 437 (45,107)
Citation 1

Abstract:

Criminal law and responsibility, psychology, genetic research, the brain and behavior, human nature, mens rea, causation, excuse, genes, compatibilism and determinism, mental states

9.

Uncontrollable Urges and Irrational People

Virginia Law Review, 2002
Number of pages: 52 Posted: 11 Dec 2001
Stephen Morse
University of Pennsylvania Law School
Downloads 409 (54,810)
Citation 4

Abstract:

10.

Neuroscience and the Future of Personhood and Responsibility

U of Penn Law School, Public Law Research Paper No. 12-26, Constitution 3.0: Freedom and Technological Change, Jeffrey Rosen, Benjamin Wittes eds., Brookings Institution Press, 2011
Number of pages: 19 Posted: 04 Apr 2012
Stephen Morse
University of Pennsylvania Law School
Downloads 312 (65,280)

Abstract:

Criminal law, neuroscience, responsibility, genetics, prediction and prevention of dangerous behavior, prefrontal cortex, moral agency, innocent until proven guilty, autonomy, victims of neuronal circumstances, conscious will

11.

Protecting Liberty and Autonomy: Desert/Disease Jurisprudence

San Diego Law Review, Vol. 48, p. 1077, 2011, U of Penn Law School, Public Law Research Paper No. 12-10
Number of pages: 51 Posted: 13 Feb 2012
Stephen Morse
University of Pennsylvania Law School
Downloads 256 (93,053)

Abstract:

Mental health law, criminal law, liberty, autonomy, preventative detention, expanding desert jurisprudence, expanding disease jurisprudence, involuntary civil commitment, psychopaths, sexual predators, consequentialism, preemption and prevention of dangerous intentional conduct

12.

Gene-Environment Interactions, Criminal Responsibility, and Sentencing

GENE INTERACTIONS IN DEVELOPMENTAL PSYCHOLOGY, Kenneth A. Dodge, Michael Rutter, eds., Guilford Press, 2011, U of Penn Law School, Public Law Research Paper No. 11-26
Number of pages: 30 Posted: 04 Aug 2011
Stephen Morse
University of Pennsylvania Law School
Downloads 207 (104,255)

Abstract:

criminal law, psychology, psychiatry, mental disorders, genetic-environmental interactions, responsibility, culpability, excuses, mitigation, sentencing, rehabilitation, prevention

13.

Severe Environmental Deprivation (aka RSB): A Tragedy, Not a Defense

Alabama Civil Rights & Civil Liberties Law Review, Vol. 2, p. 147, 2011, U of Penn Law School, Public Law Research Paper No. 12-25
Number of pages: 28 Posted: 01 Apr 2012
Stephen Morse
University of Pennsylvania Law School
Downloads 170 (132,348)

Abstract:

Criminal law and procedure, defenses, excuse, severe environmental deprivation, SED, predisposition, compulsion, mental disorder, blame, injustice, Social Moral Forfeit, SMF, social justice, coercive indoctrination, responsibility for character, social privilege, neoliberalism, culture of control

14.

New Therapies, Old Problems, or, a Plea for Neuromodesty

American Journal of Bioethics: Neuroscience, Vol. 3, No. 1, p. 60, 2012, U of Penn Law School, Public Law Research Paper No. 12-09
Posted: 10 Feb 2012
Stephen Morse
University of Pennsylvania Law School
Downloads 164 (127,503)

Abstract:

bioethics, deep-brain stimulation, informed consent, neuroethics, neurological and psychiatric disorders, psychosurgery

15.

G2i Knowledge Brief: A Knowledge Brief of the MacArthur Foundation Research Network on Law and Neuroscience

MacArthur Foundation Research Network on Law and Neuroscience (2017)
Number of pages: 5 Posted: 28 Jul 2017
University of California Hastings College of the Law, University of Virginia - School of Law, Yale University - Department of Psychology, US Court of Appeals - Fourth Circuit, Second Judicial District Court Judge, State of Colorado, Vanderbilt University - Law School & Dept. of Biological Sciences, Virginia Polytechnic Institute & State University - Virginia Tech Carilion Research Institute, University of Pennsylvania Law School, Washington University School of Medicine, Yale University - Department of Psychology, Columbia University - Law School, Temple University, New York University School of Law, Stanford University - Psychology and Yale Law School
Downloads 0 (369,820)

Abstract:

evidence, G2i, group-to-individual inference, neuroscience, neurolaw, law and neuroscience, brain, brain imaging

16.

Mental Disorder and Criminal Justice

In Academy for Justice, A Report on Scholarship and Criminal Justice Reform (Erik Luna ed., 2017, Forthcoming), U of Penn Law School, Public Law Research Paper No. 17-22
Number of pages: 76 Posted: 05 May 2017
Stephen Morse
University of Pennsylvania Law School
Downloads 0 (301,152)

Abstract:

criminal law and procedure, psychiatry, law enforcement, corrections, sentencing, incarceration, prisoners, treatment, diagnosis, competence, responsibility, insanity, mens rea, mitigation, commitment, American Bar Association Criminal Justice Mental Health Standards

17.

Involuntary Competence in United States Criminal Law

in Fitness to Plead: International and Comparative Perspectives (Ronnie Mackay & Warren Brookbanks eds., Oxford University Press, Forthcoming), U of Penn Law School, Public Law Research Paper No. 17-20
Number of pages: 28 Posted: 14 Apr 2017
Stephen Morse
University of Pennsylvania Law School
Downloads 0 (325,426)

Abstract:

Competence, Psychotropic Medication, Finality, State Interests, Individual Interests, Civil Commitment, Criminal Law, Competency

18.

Predicting the Knowledge-Recklessness Distinction in the Human Brain

Proceedings of the National Academy of Sciences, 2016
Number of pages: 6 Posted: 16 Mar 2017 Last Revised: 22 Mar 2017
University College London - Wellcome Trust Center for Neuroimaging, University of Kentucky - Behavioral Science, Ohio State University (OSU) - Department of Psychology, University of Virginia - School of Law, Second Judicial District Court Judge, State of Colorado, Vanderbilt University - Law School & Dept. of Biological Sciences, University of Pennsylvania Law School, Yale Law School, Virginia Polytechnic Institute & State University - Virginia Tech Carilion Research Institute and Virginia Polytechnic Institute & State University - Virginia Tech Carilion Research Institute
Downloads 0 (108,926)

Abstract:

law and neuroscience, criminal law, mental state, punishment, crime, blame, culpability, mens rea, Model Penal Code, MPC, knowledge, recklessness, responsibility, intention, brain, brain imaging, brain scan, neuroimaging, neuroscience, functional magnetic resonance imaging, fMRI, neurolaw

19.

How Should Justice Policy Treat Young Offenders?

MacArthur Foundation Research Network on Law and Neuroscience, February 2017, Vanderbilt Law Research Paper No. 17-9, U of Penn Law School, Public Law Research Paper No. 17-17, Columbia Public Law Research Paper No. 14-545
Number of pages: 5 Posted: 28 Feb 2017 Last Revised: 26 Apr 2017
Yale University - Department of Psychology, University of Virginia - School of Law, US Court of Appeals - Fourth Circuit, University of California Hastings College of the Law, Second Judicial District Court Judge, State of Colorado, Vanderbilt University - Law School & Dept. of Biological Sciences, Virginia Polytechnic Institute & State University - Virginia Tech Carilion Research Institute, University of Pennsylvania Law School, Washington University School of Medicine, Yale University - Department of Psychology, Columbia University - Law School, Temple University, New York University School of Law and Stanford University - Psychology
Downloads 0 (30,564)

Abstract:

Juvenile justice, adolescent, children, minors, brain, brain imaging, neuroscience, law and neuroscience, neurolaw, neuroimaging, cognitive neuroscience, cognitive psychology, maturity, functional magnetic resonance imaging, fMRI, responsibility, culpability, mens rea, punishment, crime

20.

Neuroscience Evidence in Forensic Contexts: Ethical Concerns

In Ethics Dilemmas in Forensic Psychiatry and Psychology Practice, Ezra E. H. Griffith ed., Forthcoming, U of Penn Law School, Public Law Research Paper No. 17-8
Number of pages: 47 Posted: 24 Feb 2017
Stephen Morse
University of Pennsylvania Law School
Downloads 0 (246,140)

Abstract:

Criminal procedure, functional magnetic resonance imaging, fMRI, expert witnesses, brain imaging, scanning, cognitive, affective, & social neuroscience, mental states, folk psychology, competence, insanity

21.

Neuroethics: Neurolaw

In Oxford Handbooks Online (February 2017), U of Penn Law School, Public Law Research Paper No. 17-9
Number of pages: 53 Posted: 16 Feb 2017
Stephen Morse
University of Pennsylvania Law School
Downloads 0 (154,316)

Abstract:

neuroscience, neuroethics, neurolaw, agency, responsibility, enhancement, civil liberty, competence, informed consent, functional magnetic resonance imaging (fMRI)

22.

fMRI and Lie Detection

MacArthur Foundation Research Network on Law and Neuroscience, 2016 , Vanderbilt Law Research Paper No. 17-10
Number of pages: 5 Posted: 23 Dec 2016
Stanford University - Psychology, University of Virginia - School of Law, Yale University - Department of Psychology, US Court of Appeals - Fourth Circuit, University of California Hastings College of the Law, Second Judicial District Court Judge, State of Colorado, Vanderbilt University - Law School & Dept. of Biological Sciences, Virginia Polytechnic Institute & State University - Virginia Tech Carilion Research Institute, University of Pennsylvania Law School, Washington University School of Medicine, Yale University - Department of Psychology, Columbia University - Law School, Temple University, New York University School of Law and Yale Law School
Downloads 0 (40,827)

Abstract:

lie detection, polygraph, memory, deception, evidence, neuroscience, law and neuroscience, neurolaw, brain, brain imaging, brain scan, neuroimaging, functional magnetic resonance imaging, fMRI, behavioral biology, cognitive neuroscience, cognitive psychology

23.

Actions Speak Louder Than Images: The Use of Neuroscientific Evidence in Criminal Cases

Journal of Law and the Biosciences, pp. 1–7, 2016, U of Penn Law School, Public Law Research Paper No. 16-17,
Number of pages: 8 Posted: 20 Jun 2016
Stephen Morse
University of Pennsylvania Law School
Downloads 0 (150,291)

Abstract:

Criminal Law, Empirical Legal Studies, Evidence, Relevance, Courts, Sentencing, Punishment, Culpability, Excuse, Competency, Mitigation, Compulsion, Predictions, Neuroscience, Neuroimaging, Brain Imaging

24.

Law and the Sciences of the Brain/Mind

Oxford Handbook on Law and the Regulation of Technology, Oxford, Forthcoming, U of Penn Law School, Public Law Research Paper No. 16-15
Number of pages: 53 Posted: 24 Apr 2016
Stephen Morse
University of Pennsylvania Law School
Downloads 0 (117,805)

Abstract:

Personhood, agency, responsibility, neuroscience, behavioral genetics, compatibilism, rationality, criminal culpability, free will

25.

Neuroprediction: New Technology, Old Problems

Bioethica Forum, Vol. 8, P. 128, 2015, U of Penn Law School, Public Law Research Paper No. 16-1
Number of pages: 3 Posted: 27 Jan 2016
Stephen Morse
University of Pennsylvania Law School
Downloads 0 (142,664)

Abstract:

Criminal procedure, evidence, neurosciences, behavioral prediction, medical ethics, privacy, sentencing, corrections, parole, bail, neural measures

26.

Moore on the Mind

Legal, Moral, and Metaphysical Truths: The Philosophy of Michael S. Moore, Kimberly Ferzan & Stephen J. Morse eds., Oxford U.P., Forthcoming, U of Penn Law School, Public Law Research Paper No. 15-39
Number of pages: 31 Posted: 19 Dec 2015
Stephen Morse
University of Pennsylvania Law School
Downloads 0 (275,704)

Abstract:

Criminal law, Michael S. Moore, agency, compatibilism, determinism, free will, culpability, status excuse, mental states, causal theory of action, CTA, compulsion, dissociation, insanity, mental disorders, diminished control capacity

27.

Criminal Law and Common Sense: An Essay on the Perils and Promise of Neuroscience

Marquette Law Review, Vol. 99, P. 39, 2015, U of Penn Law School, Public Law Research Paper No. 15-38
Number of pages: 35 Posted: 19 Dec 2015 Last Revised: 22 Apr 2016
Stephen Morse
University of Pennsylvania Law School
Downloads 0 (94,542)

Abstract:

Criminal law, neurosciences, philosophy of mind, culpability, excuse, mitigation, behavioral causation, compulsion, mental states, mens rea, intention, libertarian free will, causal theory of action, compatibilism

28.

Addiction, Choice and Criminal Law

In ADDICTION AND CHOICE, ed. Nick Heather and Gabriel Segal, Oxford U.P. (Forthcoming), U of Penn Law School, Public Law Research Paper No. 15-37
Number of pages: 38 Posted: 16 Dec 2015
Stephen Morse
University of Pennsylvania Law School
Downloads 0 (148,747)

Abstract:

addiction, disease, choice, responsibility, criminalization, punishment

29.

A Good Enough Reason: Addiction, Agency and Criminal Responsibility

Inquiry, Vol. 56, P. 490, 2013, U of Penn Law School, Public Law Research Paper No. 15-36
Number of pages: 54 Posted: 09 Dec 2015
Stephen Morse
University of Pennsylvania Law School
Downloads 0 (223,224)

Abstract:

Criminal law, Powell v. Texas, Eighth Amendment, culpability, compulsion, duress, rationality, causal theory of excuse, determinism, free will, alcoholism, intoxication, self-control, punishment, mens rea, mental states, mitigation

30.

Neuroscience, Free Will, and Criminal Responsibility

In Walter Glannon, ed., Free Will and the Brain: Neuroscientific, Philosophical, and Legal Perspectives (Cambridge 2015)., U of Penn Law School, Public Law Research Paper No. 15-35
Number of pages: 37 Posted: 09 Dec 2015
Stephen Morse
University of Pennsylvania Law School
Downloads 0 (62,487)

Abstract:

Criminal law, neurosciences, philosophy of mind, culpability, excuse, mitigation, behavioral causation, compulsion, competence, mental states, mens rea, intention, libertarian free will, voluntary action, compatibilism

31.

Abolition of the Insanity Defense Violates Due Process

Journal of the American Academy of Psychiatry and the Law, Vol. 41, Pg. 488, 2013, U of Penn Law School, Public Law Research Paper No. 15-33
Number of pages: 9 Posted: 05 Dec 2015
Stephen Morse and Richard J. Bonnie
University of Pennsylvania Law School and University of Virginia - School of Law
Downloads 0 (237,475)

Abstract:

Criminal procedure, constitutional law, Fifth Amendment, Supreme Court of the United States, SCOTUS, Delling v. Idaho, blame, responsibility, mental disorder, competence, punishment, fairness

32.

Commentary: Reflections on Remorse

Journal of the American Academy of Psychiatry and the Law, Vol. 42, Pg. 49, 2014, U of Penn Law School, Public Law Research Paper No. 15-34
Number of pages: 8 Posted: 04 Dec 2015
Stephen Morse
University of Pennsylvania Law School
Downloads 0 (282,348)

Abstract:

Criminal law, forensic psychiatry, sentencing, justifications for blame and punishment, retribution, deterrence and incapacitation, nonpaternalistic and paternalistic rehabilitation, remorse and forensic practice, restitution, judges, judicial discretion