Morally excused but socially excluded: Denying agency through the defense of mental impairment.
Defendants can deny they have agency, and thus responsibility, for a crime by using a defense of mental impairment. We argue that although this strategy may help defendants evade blame, it may carry longer-term social costs, as lay people's perceptions of a person's agency might determine...
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Public Library of Science (PLoS)
2021
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oai:doaj.org-article:e6ab8d3c3b554045ad65dbf4cd2d2d532021-12-02T20:07:11ZMorally excused but socially excluded: Denying agency through the defense of mental impairment.1932-620310.1371/journal.pone.0252586https://doaj.org/article/e6ab8d3c3b554045ad65dbf4cd2d2d532021-01-01T00:00:00Zhttps://doi.org/10.1371/journal.pone.0252586https://doaj.org/toc/1932-6203Defendants can deny they have agency, and thus responsibility, for a crime by using a defense of mental impairment. We argue that although this strategy may help defendants evade blame, it may carry longer-term social costs, as lay people's perceptions of a person's agency might determine some of the moral rights they grant them. In this registered report protocol, we seek to expand upon preliminary findings from two pilot studies to examine how and why those using the defense of mental impairment are seen as less deserving of certain rights. The proposed study uses a hypothetical vignette design, varying the type of mental impairment, type of crime, and type of sentence. Our design for the registered study improves on various aspects of our pilot studies and aims to rigorously test the reliability and credibility of our model. The findings have implications for defendants claiming reduced agency through legal defenses, as well as for the broader study of moral rights and mind perception.Melissa de Vel-PalumboChelsea ScheinRose FergusonMelissa Xue-Ling ChangBrock BastianPublic Library of Science (PLoS)articleMedicineRScienceQENPLoS ONE, Vol 16, Iss 6, p e0252586 (2021) |
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Medicine R Science Q Melissa de Vel-Palumbo Chelsea Schein Rose Ferguson Melissa Xue-Ling Chang Brock Bastian Morally excused but socially excluded: Denying agency through the defense of mental impairment. |
description |
Defendants can deny they have agency, and thus responsibility, for a crime by using a defense of mental impairment. We argue that although this strategy may help defendants evade blame, it may carry longer-term social costs, as lay people's perceptions of a person's agency might determine some of the moral rights they grant them. In this registered report protocol, we seek to expand upon preliminary findings from two pilot studies to examine how and why those using the defense of mental impairment are seen as less deserving of certain rights. The proposed study uses a hypothetical vignette design, varying the type of mental impairment, type of crime, and type of sentence. Our design for the registered study improves on various aspects of our pilot studies and aims to rigorously test the reliability and credibility of our model. The findings have implications for defendants claiming reduced agency through legal defenses, as well as for the broader study of moral rights and mind perception. |
format |
article |
author |
Melissa de Vel-Palumbo Chelsea Schein Rose Ferguson Melissa Xue-Ling Chang Brock Bastian |
author_facet |
Melissa de Vel-Palumbo Chelsea Schein Rose Ferguson Melissa Xue-Ling Chang Brock Bastian |
author_sort |
Melissa de Vel-Palumbo |
title |
Morally excused but socially excluded: Denying agency through the defense of mental impairment. |
title_short |
Morally excused but socially excluded: Denying agency through the defense of mental impairment. |
title_full |
Morally excused but socially excluded: Denying agency through the defense of mental impairment. |
title_fullStr |
Morally excused but socially excluded: Denying agency through the defense of mental impairment. |
title_full_unstemmed |
Morally excused but socially excluded: Denying agency through the defense of mental impairment. |
title_sort |
morally excused but socially excluded: denying agency through the defense of mental impairment. |
publisher |
Public Library of Science (PLoS) |
publishDate |
2021 |
url |
https://doaj.org/article/e6ab8d3c3b554045ad65dbf4cd2d2d53 |
work_keys_str_mv |
AT melissadevelpalumbo morallyexcusedbutsociallyexcludeddenyingagencythroughthedefenseofmentalimpairment AT chelseaschein morallyexcusedbutsociallyexcludeddenyingagencythroughthedefenseofmentalimpairment AT roseferguson morallyexcusedbutsociallyexcludeddenyingagencythroughthedefenseofmentalimpairment AT melissaxuelingchang morallyexcusedbutsociallyexcludeddenyingagencythroughthedefenseofmentalimpairment AT brockbastian morallyexcusedbutsociallyexcludeddenyingagencythroughthedefenseofmentalimpairment |
_version_ |
1718375335234371584 |