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.

To get all bonus episodes this season, and to get ad-free feeds of this and every other Slate podcast, sign up for Slate Plus at http://www.slate.com/hiphiplus.

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