Criminal Minds

05/02/20 • 56 min

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One place where law and morality are supposed to agree is that there should be no crime without a criminal mind, what is called “mens rea” in criminal law. But there have been a proliferation of crimes that do not require knowledge or intent, contributing to over-prosecution and overincarceration. Conservative and libertarian lawmakers have claimed the moral high ground over progressives in advocating that people who do not intend and do not know they are breaking a law be excused for their criminal conduct. Is this correct, or is it just a cover to make white-collar crimes harder to prosecute? Today we look at the battle over mens rea reform in the criminal justice system, the moral theory underlying the idea that being culpable for wrongdoing requires an objectionable state of mind, and why it is that human beings care so much more about mindset than they do about conduct.

Guest voices this week: Michael Chase, Benjamin Levin, Gideon Yaffe, State Senator Todd Kaminsky, John Guidry, and Sarah Lustbader

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The episode is brought to you by the Getting Ethics to Work podcast, from the Prindle Institute for Ethics at Depauw University

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Guest voices this week: Michael Chase, Benjamin Levin, Gideon Yaffe, State Senator Todd Kaminsky, John Guidry, and Sarah Lustbader

Join the invite-only Zoom events after every episode this season, visit hiphination.org to find out how.

The episode is brought to you by the Getting Ethics to Work podcast, from the Prindle Institute for Ethics at Depauw University

Become a Slate Plus member at slate.com/hiphiplus to get a bonus episode every week this season, and to support Slate during this difficult period.

Learn more about your ad choices. Visit megaphone.fm/adchoices

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Next Episode

Hi-Phi Nation Plus: Mens Rea versus Moral Luck

In this Slate Plus segment, Barry is joined by Sarah Lustbader to discuss the issues raised in Episode 1: Criminal Minds. Sarah expresses skepticism about the significance of mens rea in ordinary prosecution of street crimes, Barry uses the opportunity to discuss the issue of moral luck as an explanation of why egregiousness of outcome seems to be the driving factor for prosecution rather than mens rea. The two end with a discussion of why the deontological/consequentialist distinction is so difficult to figure out for reform-minded advocates.

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