When Does Knowledge Become Intent?: Perceiving the Minds of Wrongdoers

44 Pages Posted: 14 Jul 2011 Last revised: 6 Feb 2014

See all articles by Pam Mueller

Pam Mueller

Princeton University - Department of Psychology

Lawrence M. Solan

Brooklyn Law School

John M. Darley

Princeton University

Date Written: July 12, 2011

Abstract

In a series of experimental studies, we asked people to assign appropriate civil and/or criminal liability to individuals who cause harm with various states of mind and kinds of knowledge. The studies are principally aimed at two puzzles: First, do people actually separate the various states of mind conceptually? How much knowledge, and what kind of knowledge, regarding something may go wrong (understanding risk) is sufficient to count as knowing that something will go wrong (having knowledge)? Second, to the extent that people distinguish among the states of mind that help to define normative behavior, how much do those distinctions contribute to people’s judgments of liability, both criminal and civil? Our studies show that people are able to make explicit distinctions about the states of mind of others that more or less correspond to legally-relevant categories. Yet, when asked to assign consequences, their moral judgments play a larger role than do their cognitive categorizations.

Keywords: intent, knowledge, law and psychology, morality

Suggested Citation

Mueller, Pam and Solan, Lawrence M. and Darley, John M., When Does Knowledge Become Intent?: Perceiving the Minds of Wrongdoers (July 12, 2011). Available at SSRN: https://ssrn.com/abstract=1884518 or http://dx.doi.org/10.2139/ssrn.1884518

Pam Mueller (Contact Author)

Princeton University - Department of Psychology ( email )

Green Hall
Princeton, NJ 08540
United States

Lawrence M. Solan

Brooklyn Law School ( email )

250 Joralemon Street
Brooklyn, NY 11201
United States
718-780-0357 (Phone)

HOME PAGE: http://www.brooklaw.edu/lawrence_solan

John M. Darley

Princeton University ( email )

1-N-17 Green Hall
Princeton, NJ 08544
United States
609-258-3000 (Phone)

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