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James A. Macleod (forthcoming). Belief States in Criminal Law.

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  1. Mens Rea Ascription, Expertise and Outcome Effects: Professional Judges Surveyed.Markus Kneer & Sacha Bourgeois-Gironde - 2017 - Cognition 169:139-146.
    A coherent practice of mens rea (‘guilty mind’) ascription in criminal law presupposes a concept of mens rea which is insensitive to the moral valence of an action’s outcome. For instance, an assessment of whether an agent harmed another person intentionally should be unaffected by the severity of harm done. Ascriptions of intentionality made by laypeople, however, are subject to a strong outcome bias. As demonstrated by the Knobe effect, a knowingly incurred negative side effect is standardly judged intentional, whereas (...)
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