This event occurred in the past
USD School of Law Institute for Law & Philosophy Criminal Defenses Round Table
This event occurred in the past
Date and Time
- Friday, April 26, 2019 from 4:00 p.m. to 6:00 p.m.
- Saturday, April 27, 2019 from 8:30 a.m. to 6:00 p.m.
Location
Warren Hall, Faculty Reading Room
Cost
0
Details
The topic of the 2019 Institute for Law and Philosophy round table will be Criminal Defenses. Though we can discuss individual defenses — such as self-defense, necessity, insanity, and duress — the focus will be on issues about the underlying structure of defenses and their inter-relations.
Topics include:
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What is the division of labor between justifications and excuses?
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Are all policy-based exemptions non-exculpatory?
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Might self-defense be a special case of necessity?
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Is necessity best conceptualized as a justification or an excuse?
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Is duress best conceptualized as a justification or an excuse?
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In what ways are duress and necessity similar and in what ways different?
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Should there be partial justifications or excuses?
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Is provocation a (partial) justification or excuse or just an element of actus reus?
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Does a particular kind of defense (e.g. necessity or duress) always sound in justification or excuse, or can our answer vary with the details of the defense?
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Should justifications be fact-relative, evidence-relative, or belief-relative.
Confirmed Participants:
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Larry Alexander, USD School of Law
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Richard Arneson, UC San Diego
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Saba Bazargan-Forward, UC San Diego
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Mitchell Berman, University of Pennsylvania
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David Brink, UC San Diego
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Laurence Claus, USD School of Law
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Don Dripps, USD School of Law
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Dov Fox, USD School of Law
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Heidi Hurd, University of Illinois
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Douglas Husak, Rutgers University
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Gabe Mendlow, University of Michigan
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Michael Moore, University of Illinois
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Dana Nelkin, UC San Diego
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Sam Rickless, UC San Diego
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Maimon Schwarzschild, USD School of Law
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Steve Smith, USD School of Law
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Horacio Spector, USD School of Law
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Evan Tiffany, Simon Fraser University
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Gary Watson, University of Southern California
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Peter Westen, University of Michigan (retired)
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Gideon Yaffe, Yale University