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Superstition-Based Injustice In Africa And The United States: The Use Of Provocation As A Defense For Killing Witches And Homosexuals, Jennifer Dumin
Superstition-Based Injustice In Africa And The United States: The Use Of Provocation As A Defense For Killing Witches And Homosexuals, Jennifer Dumin
ExpressO
This Article examines two different instances where strong cultural and religious beliefs suggest that an individual is justified in taking another’s life. Focusing primarily on South Africa and the United States, it argues that the rationale used to defend those who kill suspected witches and those who kill suspected homosexuals is the same – merely because a criminal holds a belief that the victim is evil, the criminal is somehow entitled to a lesser punishment. In the United States, those who readily recognize the absurdity of the witchcraft defense may have some difficulty in recognizing the same level of absurdity …
Embedded Psychology In Mens Rea Determinations: Systematic Differences Between Legal Standards And Reasoning Processes Across Cultures, Justin D. Levinson
Embedded Psychology In Mens Rea Determinations: Systematic Differences Between Legal Standards And Reasoning Processes Across Cultures, Justin D. Levinson
ExpressO
The mens rea inquiry asks jurors to determine a defendant’s mental state at a particular moment in time. Social and cultural psychological research, however, suggests that jurors (and people generally) may not understand others’ mental states in ways consistent with legal standards. In this article, the author theoretically and empirically examines (across culture) how jurors understand defendants’ mental states, investigating whether they can apply mental state inquiries in a manner consistent with domestic and international policy goals. After testing several mental state variables, the author finds that the law’s hierarchy of mental states frequently does not match jurors’ psychological processes. …