| Abstract: | Complex theories of culpability have evolved in the law, which specify the circumstances in which an action is to be viewed as voluntary or involuntary, and justifiable or not justifiable. Legal theories also distinguish among varying degrees of responsibility for criminal acts depending, upon the mental state of the defendant. These theories have been developed, for the most part, on the basis oflogical analysis. Recently psychologists have begun toempirically study the judgmental processes used in assigning responsibility for actions. This article reviews both the legal and psychological approaches to the area and notes the potential contributions psychological research can make to our understanding of judgmental biases in the justice system. The empirical research can help indicate condition in which legal principles are ignored and replaced with common sense interpretations of the law and legal principles.Center for Criminal Justice Harvard Law School. |
