Blame Blocking and Expertise Effects Revisited

Author(s): Prochownik, Karolina; Wiegmann, Alex; Horvath, Joachim | Abstract: This paper examines whether advanced law students are resistant to the blame blocking effect—a tendency to assign higher punishments for failed attempts than failed attempts with independent causal chains leading to intended harm (Cushman, 2008). This effect goes against the criminal law principle that intentionally acting towards committing a crime, and not accidental outcomes, determine liability for attempts. To further investigate whether advanced students of law are judging blame blocking scenarios correctly (in line with their legal expertise), in two experiments, we compared their punishment responses with four populations: beginning law students, advanced philosophy students, advanced natural science students, and laypeople with no academic background. We did not observe the blame blocking effect in either of the four student populations, and it was only partially present in the lay population. We discuss the implications of these findings for research on legal expertise and the blame blocking effect in general.