Introduction
Approximately 1,000 brain and nervous system disorders are directly responsible for more hospitalizations and lost productivity than any other comparable disease group. (Shen, 2013, p. 655). In addition, these disorders restrict criminals from refraining to engage in malicious activity. This inability to distinguish right from wrong is a result of the individual’s consciousness being disorientated while committing a crime. Neuroscience, the study of nerves and how nerves affect learning and behavior, is a relatively new science that can provide the justice system with insight on why criminals act differently from law abiding citizens in particular scenarios. Research in neuroscience shows a strong correlation between brain function and a human’s personhood which includes individual characteristics and cognitive thinking patterns. Neuroscience is capable of providing evidence of a person's “future dangerousness” in order to deter future altercations. The understanding of a human’s thought process through neuroscience should be permissible in the courtroom for more informed court rulings and to transition in to a more progressive approach of criminal punishment.
Background of Neuroscience
Neuroscience consists of an extensive background of research that has led to various discoveries regarding the human brain. The human brain is the mediator for every aspect of the human body. The brain dictates a wide range of functions spanning from emotion and memory to heart rate and blood flow. The brain is also responsible for how we think, believe, dream and even aspire. A human’s reactions to medical treatments are even processed through the brain. The brain is the sole organ that provides all of the functions that comprise a...
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...ails about the brain but will not improve the existing legal principles. It is assumed that the current legal principles in place are still in effect because they provide us with a sensible version of justice. Some fear allowing neuroscience in the courtroom may alter traditional methods that the system has used consistently. The new discoveries in neuroscience will not change the law; they will simply transform the public’s opinion on civil responsibility leading to more effective court rulings and how to approach a more progressive punishment that benefits society. The prosecutors and defense attorneys will both have the ability to benefit from neuroscience. The main factors lie predominately in the history of the criminal, the thoughts and recollections of the judge and/or jurors, as well as the lawyers’ abilities to apply the best case possible for their client.
In my opinion, the author defends a good but also complex perspective. '' The criminal activity itself should be taken as evidence of brain abnormality'', says Eagleman, however, what about the percentage of criminals that are not carriers of the genes that contribute to performing violent crimes? Are they going to be sent to rehabilitation too and exonerated from incarceration even when there is proof of no brain
Neuroscience is about how the brain develops and functions. how it influences cognitive function and behaviour. About how the nervous system functions how it develops, and what it does. (Neuroscience, 2017) Neuroscientists have shown that the brain is affected by environmental conditions throughout the entire process of development, even prior to birth. This includes the type of nourishment, care, surroundings and stimulation the foetus or infant receives.(moodle,2017)
This topic is crucial when considering the decision to penalize a criminal for a felony. Scientifically speaking, there is a difference between the brains of individuals, causing some people to be more aggressive than others. As Gazzaniga (2005) states in his book, "Whether through neurochemical imbalances or lesions, brain function can become distorted, perhaps explaining certain violent or criminal behavior" (p.89). If all people with such neurochemical imbalances displayed similar types of behavior, the conclusion would be obvious. However, not all people who have lesions or schizophrenia are violent. (Gazzaniga, 2005, p.95) An inconsistency in behavioral outcomes requires an alternate explanation of the concept of free will. Some philosophers criticize neuroscientists, arguing that, according to the article Neuroscience vs. Philosophy, "researchers have not quite grasped the concept that they say they are debunking" (Neuroscience vs. Philosophy: Taking an Aim at free will, 2011). In order to fully understand the concept of free will, it must be understood from synthesizing lessons from human experiences. Aristotle spoke of an internal moral compass that all humans possess; one that guides the concept of what is good (Eshleman, 2014, p.3). It becomes a necessity to compile the scientific perspective of a moral dilemma with the philosophical perspective in order to draw a reasonable
Jurors opinions can be influenced by an emotional testimony. Deborah W. Denno’s article Neuroscience, Cognitive Psychology, and the Criminal Justice System is the Ohio State Journal of Criminal Law’s publication of a panel at the 2009 Annual Meeting of the Association of American Law Schools. The panel had three goals: “examine the interrelationship between neuroscience and substantive criminal law; to incorporate criminal procedure more directly into the examination in a way that past investigations have not done; and to scrutinize cognitive bias in decision-making,” (Denno
Firstly, there is various of sensing activities as in seeing and hearing as in a sense of understanding of what is seen and heard. Secondly the sense of feeling in numerous parts of the body from the head to the toes. The ability to recall past events, the sophisticated emotions and the thinking process. The cerebellum acts as a physiological microcomputer which intercepts various sensory and motor nerves to smooth out what would otherwise be jerky muscle motions. The medulla controls the elementary functions responsible for life, such as breathing, cardiac rate and kidney functions. The medulla contains numerous of timing mechanisms as well as other interconnections that control swallowing and salivations.
In “The Brain on Trial”, David Eagleman argues that the justice system needs to change due to advances in neuroscience. Eagleman uses a variety of rhetorical strategies to present his viewpoint. The most important one is his use of examples and reasoning. Therefore, by using mostly examples and reasoning, along with direct address to the readers, Eagleman is able to argue that the legal system has to modify its sentencing policies in accordance with advances in neuroscience due to the increase in the amount of accused and/or convicted people who have been found to have harbored some kind of brain disease or damage. In other words, their actions were not entirely voluntary.
Raine, A. & Yang,Y. (2006). Neural foundations to moral reasoning and antisocial behavior. Social, Cognitive, and Affective Neuroscience.
Human behavior correlates to biology; the anatomy of the brain is directly responsible for emotions and cognitive responses. To prove the correlation between mind and action, there are many studies done to analyze the way the brain reacts under certain tests. One of which was Adrian Raine’s 1997 experiment to find physiological differences between murderers and non-murderers.
According to the Federal Bureau of Investigations website, psychopathy has been described as the single most important clinical construct in the criminal justice system. It goes on to say that the need to understand psychopathy cannot be overstated (FBI, 2013.) From environmental influence to biology, psychopathy can be looked at from several different angles. This paper examines current thinking about how the brain and its structures contribute to psychopathy.
The insanity defense presents many difficult questions for the legal system. It attracts attention beyond its practical significance (it is seldom used successfully) because it goes to the heart of the concept of legal responsibility. ‘‘Not guilty by reason of insanity’’ generally requires that as a result of mental illness the defendant was unable to distinguish right from wrong at the time of the crime. The many difficult and complex questions presented by the insanity defense have led some in the legal community to hope that neuroscience might help resolve some of these problems, but that hope is not likely to be realized. (Smith 475)
Miller, Laurence. "The predator's brain: Neuropsychodynamics of serial killers."Serial offenders: Current thought, recent findings, unusual syndromes (2000): 135-166.
The brain is the most important organ in the body with our heart. It controls every action, thoughts and regulates our bodily function. It is divided into section, each of them are responsible for various process. Before we can understand dopamine, we must talk about the different parts of the brain. The frontal lobe is the main difference between us and animals. ...
The brain is the control center of the human body. It sends and receives millions of signals every second, day and night, in the form of hormones, nerve impulses, and chemical messengers. This exchange of information makes us move, eat, sleep, and think.
In many opinions it is thought that the brain and the neurons have less than importance than the heart. However, there is large quantities that people disagree that the brain and neurons are an important factor in our body. One study showed, the brain is the one that control every part of the body. Awhile the neurons travels across a synapse se...
The brain is arguably the most complex part of a human being and is linked to motivations, feelings, and actions. Therefore, when actions of individuals differ from “normal” actions, the brain is brought into question. Repeat killers commit actions that are not “normal” when compared to the general public and therefore research on their brains has been conducted. When comparing scans of everyday citizens’ brains as opposed to the brain of a convicted serial killer, the differences are clear. The two scans differ widely with the prefrontal gray matter of the average person’s, dwarfing that of the murderer’s (Adams). Pr...