Some problems for juror impartiality

Abstract
In this paper, I first review some of the recent empirical work on the biasing effect that moral considerations have on folk ascriptions of intentional action. Then, I use Mark Alicke’s affective model of blame attribution to explain this biasing effect. Finally, I discuss the relevance of this research—both philosophical and psychological—to the problem of the partiality of jury deliberation. After all, if the immorality of an action does affect folk ascriptions of intentionality, and all serious criminal offenses—e.g., murder and rape—are immoral in addition to being illegal, then a juror’s ability to determine the relevant mens rea (i.e., guilty mind) of a defendant in an unbiased way may be seriously undermined.
Keywords No keywords specified (fix it)
Categories No categories specified
(categorize this paper)
Options
 Save to my reading list
Follow the author(s)
My bibliography
Export citation
Find it on Scholar
Edit this record
Mark as duplicate
Revision history Request removal from index Translate to english
 
Download options
PhilPapers Archive


Upload a copy of this paper     Check publisher's policy on self-archival     Papers currently archived: 9,360
External links
  •   Try with proxy.
  • Through your library Only published papers are available at libraries
    References found in this work BETA

    No references found.

    Citations of this work BETA

    No citations found.

    Similar books and articles
    Thomas Nadelhoffer (2004). Blame, Badness, and Intentional Action: A Reply to Knobe and Mendlow. Journal of Theoretical and Philosophical Psychology 24 (2):259-269.
    Julie Yoo (2004). Folk Psychology and Moral Evaluation. Journal of Theoretical and Philosophical Psychology 24 (2):237-251.
    Adam Feltz (2007). The Knobe Effect: A Brief Overview. Journal of Mind and Behavior 28:265-277.
    Thomas Nadelhoffer (2004). On Praise, Side Effects, and Folk Ascriptions of Intentionality. Journal of Theoretical and Philosophical Psychology 24 (2):196-213.
    Gordon Park Stevenson (2004). Revamping Action Theory. Behavior and Philosophy 32 (2):427 - 451.
    Analytics

    Monthly downloads

    Added to index

    2010-12-22

    Total downloads

    11 ( #113,024 of 1,089,154 )

    Recent downloads (6 months)

    1 ( #69,735 of 1,089,154 )

    How can I increase my downloads?

    My notes
    Sign in to use this feature


    Discussion
    Start a new thread
    Order:
    There  are no threads in this forum
    Nothing in this forum yet.