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Articles 1 - 6 of 6
Full-Text Articles in Law
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. …
The International Criminal Court And The Concept Of Mens Rea In International Criminal Law, Johan D. Van Der Vyver
The International Criminal Court And The Concept Of Mens Rea In International Criminal Law, Johan D. Van Der Vyver
University of Miami International and Comparative Law Review
No abstract provided.
"No Provincial Or Transient Notion": The Need For A Mistake Of Age Defense In Child Rape Prosecutions, Jarrod F. Reich
"No Provincial Or Transient Notion": The Need For A Mistake Of Age Defense In Child Rape Prosecutions, Jarrod F. Reich
Faculty Scholarship
Suppose a state legislature enacted a law making any theft a crime punishable by twenty years' imprisonment. Within this law was a provision precluding an accused from introducing evidence that he unwittingly took property to which he was not entitled. Suppose further that after this law was enacted, an elderly woman hung her black coat in a restaurant's lobby and, upon leaving, mistakenly retrieved another's black coat.1 Under the hypothetical statute, her mistake could neither hinder the prosecution's case against her nor be asserted by her as a defense. By inadvertently taking another's coat from a crowded restaurant, the woman …
Anthrax Hoaxes, Ira P. Robbins
The Mentally Ill Offender: A Brighter Tomorrow Through The Eyes Of The Mentally Ill Offender Treatment And Crime Reduction Act Of 2004, Ralph M. Rivera
The Mentally Ill Offender: A Brighter Tomorrow Through The Eyes Of The Mentally Ill Offender Treatment And Crime Reduction Act Of 2004, Ralph M. Rivera
Journal of Law and Health
Beginning in the early 1950s and '60s, states began to close their public mental health hospitals. This process was known as "deinstitutionalization." In recent years, following the massive wave of deinstitutionalization, a substantial number of institutionalized persons with mental disabilities were relocated from civil mental hospitals into jails and prisons, Despite this shift in population, correctional facilities remain ill-equipped to handle and deal with offenders with mental disabilities. One study found that approximately 6.5-10% of inmates suffered from a serious mental illness, while another 15-40% suffered from a moderate mental illness. Another study done by the Bureau of Justice Statistics …
The Mens Rea For The Crime Of Providing Material Resources To A Foreign Terrorist Organization, Randolph N. Jonakait
The Mens Rea For The Crime Of Providing Material Resources To A Foreign Terrorist Organization, Randolph N. Jonakait
Articles & Chapters
No abstract provided.