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The guilty mind and criminal sentencing: integrating legal and empirical inquiry as illustrated by capital sentencing.
- Source :
-
Behavioral sciences & the law [Behav Sci Law] 2003; Vol. 21 (5), pp. 631-51. - Publication Year :
- 2003
-
Abstract
- We articulate an interpretation of mens rea that is broader than the traditional special sense but narrower than the traditional general sense. Mens rea in this intermediate sense addresses the guilty mind required by the sentencing criteria for specific criminal sentences for particular offenses. We advance an analytic structure for the integration of legal and empirical inquiry regarding standards of culpability that establish eligibility for capital punishment under contemporary United States legal doctrine. This structure addresses legal standards of culpability directly as well as indirectly in the form of evolving standards of decency. The general form of this analysis should be applicable more generally to sentencing provisions that address culpability as a sentencing consideration for other criminal sentences.<br /> (Copyright 2003 John Wiley & Sons, Ltd.)
- Subjects :
- Adolescent
Adult
Age Factors
Criminal Law standards
Empirical Research
Humans
Intellectual Disability
Judgment
Mental Competency classification
Mental Competency legislation & jurisprudence
Prohibitins
Social Responsibility
Supreme Court Decisions
United States
Capital Punishment legislation & jurisprudence
Criminal Law legislation & jurisprudence
Criminal Psychology legislation & jurisprudence
Guilt
Intention
Subjects
Details
- Language :
- English
- ISSN :
- 0735-3936
- Volume :
- 21
- Issue :
- 5
- Database :
- MEDLINE
- Journal :
- Behavioral sciences & the law
- Publication Type :
- Academic Journal
- Accession number :
- 14502693
- Full Text :
- https://doi.org/10.1002/bsl.551