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Belief States in Criminal Law

James A. Macleod

Oklahoma Law Review 68 (2015)

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Excuse Validation: A Cross‐cultural Study.John Turri - 2019 - Cognitive Science 43 (8):e12748.details If someone unintentionally breaks the rules, do they break the rules? In the abstract, the answer is obviously “yes.” But, surprisingly, when considering specific examples of unintentional, blameless rule-breaking, approximately half of people judge that no rule was broken. This effect, known as excuse validation, has previously been observed in American adults. Outstanding questions concern what causes excuse validation, and whether it is peculiar to American moral psychology or cross-culturally robust. The present paper studies the phenomenon cross-culturally, focusing on Korean (...) Download Export citation Bookmark 4 citations
The experimental philosophy of law: New ways, old questions, and how not to get lost.Karolina Magdalena Prochownik - 2021 - Philosophy Compass 16 (12):e12791.details The experimental philosophy of law is a recent movement that aims to inform traditional debates in jurisprudence by conducting empirical research. This paper introduces and provides a systematic overview of the main lines of research in this field. It also covers the most important debates in the literature regarding the implications of these findings for the philosophy and theory of law. It argues that three challenges arise when addressing (old) legal-philosophical questions in (new) experimental ways by drawing normative implications from (...) Download Export citation Bookmark 5 citations
Outcome effects, moral luck and the hindsight bias.Markus Https://Orcidorg Kneer & Izabela Skoczen - 2022 - Cognition 232 (C):105258.details In a series of ten preregistered experiments (N=2043), we investigate the effect of outcome valence on judgments of probability, negligence, and culpability – a phenomenon sometimes labelled moral (and legal) luck. We found that harmful outcomes, when contrasted with neutral outcomes, lead to increased perceived probability of harm ex post, and consequently to increased attribution of negligence and culpability. Rather than simply postulating a hindsight bias (as is common), we employ a variety of empirical means to demonstrate that the outcome-driven (...) Download Export citation Bookmark 3 citations
Mens rea ascription, expertise and outcome effects: Professional judges surveyed.Markus Https://Orcidorg Kneer & Sacha Bourgeois-Gironde - 2017 - Cognition 169 (C):139-146.details 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 (...) Download Export citation Bookmark 16 citations
The meaning of ‘reasonable’: Evidence from a corpus-linguistic study.Lucien Baumgartner & Markus Kneer - forthcoming - In Kevin P. Tobia (ed.), The Cambridge Handbook of Experimental Jurisprudence. Cambridge University Press.details The reasonable person standard is key to both Criminal Law and Torts. What does and does not count as reasonable behavior and decision-making is frequently deter- mined by lay jurors. Hence, laypeople’s understanding of the term must be considered, especially whether they use it predominately in an evaluative fashion. In this corpus study based on supervised machine learning models, we investigate whether laypeople use the expression ‘reasonable’ mainly as a descriptive, an evaluative, or merely a value-associated term. We find that (...) Download Export citation Bookmark

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