TY  - JOUR
PY  - 2009//
TI  - The cognitive psychology of mens rea
JO  - Journal of criminal law and criminology
A1  - Heller, KJ
SP  - 317
EP  - 379
VL  - 99
IS  - 2
N2  - 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 />
LA  - 
SN  - 0091-4169
UR  - http://dx.doi.org/
ID  - ref1
ER  -