Criminal Law, Intuitive Blame, and Moral Character
Cambridge Handbook of Moral Psychology, B. Malle & P. Robbins, eds. (Forthcoming)
29 Pages Posted: 14 Jan 2022 Last revised: 13 Mar 2023
Date Written: June 16, 2022
Blame and punishment doctrines within Anglo-American criminal law track in many ways psychological intuitions about blame and punishment, but there are variations as well. This chapter explains the legal doctrine and explores some of the ways in which criminal and psychological blame converge and diverge. The focus in this chapter is chiefly on intended but incomplete conduct, unintended outcomes, and the role of moral character in the rules of evidence.
Keywords: punishment, blame, psychology, attitudes, criminal law, recklessness, moral character, mens rea, evidence
JEL Classification: K10, K30
Suggested Citation: Suggested Citation