Internet stings to catch child molesters raise problems for popular tests of entrapment that focus on causation, initiative, counterfactuals, and subjective predisposition. An objective test of entrapment works better in the context of the Internet. The best form of objective test is determined by consequences of drawing a line at various places. This approach allows some Internet stings but counts other stings as entrapment when they go too far.

On the surface, it seems plausible that the goodness or badness of an agent’s actions should be completely irrelevant to the question of whether she performed them intentionally, but there is growing evidence that ascriptions of intentional actions are affected by moral considerations. Joshua Knobe, for instance, has recently published a series of groundbreaking papers (2003a, 2003b, 2004) in which he suggests that people’s judgments concerning the intentionality of an action may sometimes depend on what they think about the action (...) – morally speaking. One of the more interesting results of Knobe’s psychological experiments is the discovery that people may have a lower threshold for judging that lucky (or unskilled) actions are intentional when these actions are praiseworthy or blameworthy than they do for judging that equally lucky (or unskilled) morally neutral actions are intentional. In this paper I show that this discovery – when supplemented with some additional empirical data – gives us a way of shedding new light on a controversy that was sparked by Ronald Butler in 1977 when he posed the following problem to the readers of Analysis. (shrink)

On the surface, it seems intuitively plausible that if an agent luckily manages to perform a desired action (e.g., rolling a six with a fair die or winning the lottery), the performance of which is not the result of any relevant skill on her part, we should not say that she performed the action intentionally. This intuition suggests that our concept of intentional action is sensitive to considerations of skill, luck, and causal control. Indeed, some philosophers have claimed that in (...) order for an action to be performed intentionally it must be performed with a relevant amount of skill or control - i.e., an intentional action cannot simply be the result of luck. On this view, skill and control are necessary conditions of our everyday concept of intentional action. In this essay, I discuss empirical evidence that challenges this claim. After briefly setting the stage, I examine Al Mele and Paul Moser's thorough analysis of intentional action - paying particular attention to some of the interesting scenarios they offer in support of their position. Next, I discuss the results of some simple psychological experiments that show that people's judgments concerning whether actions are intentional can often be affected by the moral features of these actions - features that may trump considerations of skill, luck, and control. Finally, I conclude that if this is correct, philosophers who claim that skill and control are necessary conditions of the folk concept of intentional action appear to be mistaken. One can test attempted philosophical analyses of intentional action partly by ascertaining whether what these analyses entail about particular actions is in line with what the majority of non-specialists would say about these actions if there is a widely shared concept of intentional action, such judgments provide evidence about what the concept is, and a philosophical analysis of intentional action that is wholly unconstrained by that concept runs the risk of having nothing more than a philosophical fiction as its subject matter. (Mele, 2001, p. 27). (shrink)

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. (shrink)

Negligence is a problematic basis for being morally blamed and punished for having caused some harm, because in such cases there is no choice to cause or allow—or risk causing or allowing—such harm to occur. The standard theories as to why inadvertent risk creation can be blameworthy despite the lack of culpable choice are that in such cases there is blame for: (1) an unexercised capacity to have adverted to the risk; (2) a defect in character explaining why one did (...) not advert to the risk; (3) culpably acquiring or failing to rid oneself of these defects of character at some earlier time; (4) flawed use of those practical reasoning capacities that make one the person one is; or (5) chosen violation of per se rules about known precautions. Although each of these five theories can justify blame in some cases of negligence, none can justify blame in all cases intuitively thought to be cases of negligence, nor can any of these five theories show why inadvertent creation of an unreasonable risk, pure and simple, can be blameworthy. (shrink)

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 (...) a positive side effect is not. We report the first empirical investigation into intentionality ascriptions made by professional judges, which finds (i) that professionals are sensitive to the moral valence of outcome type, and (ii) that the worse the outcome, the higher the propensity to ascribe intentionality. The data shows the intentionality ascriptions of professional judges to be inconsistent with the concept of mens rea supposedly at the foundation of criminal law. (shrink)