
@article{ref1,
title="The cognitive psychology of mens rea",
journal="Journal of criminal law and criminology",
year="2009",
author="Heller, KJ",
volume="99",
number="2",
pages="317-379",
abstract="This Article provides a comprehensive-though admittedly speculative-explanation of how jurors use projection and prototyping, two simulation-based theories of mind-reading, to make mental-state attributions in criminal cases. The first two Parts explain why jurors are unlikely to use a functionalist method of mind-reading in a case that focuses on the defendant's mens rea. The next three Parts introduce projection and prototyping, describe the evidence that jurors actually use them to make mental-state determinations, and discuss the cognitive mechanism-perceived similarity between juror and defendant-that determines which one a juror will use in a particular case. The final two Parts explain why projection and prototyping are likely to result in inaccurate mental-state determinations and discuss debiasing techniques that may make them more accurate.<p />",
language="",
issn="0091-4169",
doi="",
url="http://dx.doi.org/"
}