Lay perspectives on legal conundrums: Impossible and mistaken act cases.

Abstract

Criminal law remains divided on the question of whether objectivity or subjectivity should be its dominant basis. Does liability begin with an objective act or harm, or with, subjective intent? In the first experiment, dealing with the conundrum of impossible act cases, the question is, Will respondents convict on subjective grounds (where intent to murder is clear), even when amanifest criminal act andharmful consequences are absent? The results show that they do convict, though their subjective preference moderates and even reverses with certain types of mistakes, or when thepotential harm, though not the actual harm, is perceived as high. In the second experiment, dealing with mistaken act and self-defense cases, the question is, Will subjectivity be determinative, or will respondents weigh objectivity more as the mistake gets more unreasonable? The results show that objectivity is weighed heavily, as fears of a plunge into subjective waters prove groundless Without legal guidelines, respondents navigate these conundrums by shifting their objective vs. subjective balance point, guided by good common sense.

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