Patty Hearst Reconsidered: Personal Identity in the Criminal Law
Ohio State Journal of Criminal Law, Vol. 15, 2018
Virginia Public Law and Legal Theory Research Paper No. 2018-54
29 Pages Posted: 13 Sep 2018
Date Written: August 31, 2018
Abstract
In this contribution to a symposium celebrating Joshua Dressler, I revisit the Dressler/Delgado debate over Patty Hearst through the prism of personal identity. After reviewing why personal identity presents a problem for punishment, I discuss how a "personal identity" defense would fit within the criminal law, including when it would undermine status responsibility, when it would undermine a voluntary act, and when it would serve as an excuse.
Keywords: personal identity, Patty Hearst, excuse, act requirement, brainwashing
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