Second Chances, Required or Redundant? The United States formed the principle of “Innocent until proven guilty”. Sometimes the perpetrator knows that they’re guilty, but they’re found not guilty. Kenneth Parks, a twenty-three-year-old man who “… Broke in, stabbed his mother… drove himself to the police station… said ‘I think I may have killed some people’” (Quoted in Eagleman 437). Parks was a man who committed murder and was found not guilty. Various parties knew that Parks committed the murder, but motive was the reason he was found not guilty. Controversy around Parks’ adjudication just added to existing debates about psychological crimes. Who did the crime, the culprit or his/her biological factors? Should the culprit get rehabilitation …show more content…
Rehabilitation is for those who can prove that genetic factors took over their free will and caused the crime. Charles Whitman killed thirteen people and wounded thirty-two others (Eagleman 431). Researchers found that a tumor was harbored on his brain. The tumor compressed the amygdala which regulates fear and aggression (Eagleman 432). Obviously Whitman didn’t have control over the growing tumor, but he still did the killing. If Whitman lived after his shooting spree, would society accept him as a normal human being? Arguments can be made that if the tumor was removed, Whitman may have never started his shooting spree. There are occasions where tumors grow back, and he’ll just start his shooting spree later. Tumors …show more content…
There’s chances that an actual criminal could be faking a psychological dysfunction so they won’t be charged as guilty. Sapolsky asserts “Is a child doing poorly at school because he is unmotivated and slow, or because there is a neurobiological based learning disability?” (Quoted in Eagleman 438). Sapolsky’s question shows that it’s uncomplicated to mistake one thing for another. If a culprit committed a crim, and claimed that his/her motivation to do the crime was neurobiological, who’s to say that he/she is wrong? Even if the culprit was telling the truth, and he/she was sent to rehabilitation, they could hurt the workers with their impulses like Alex once tried to do. Even if rehabilitation did work, who’s to watch the patients after they got out? Dr. Kleiman proposes that “drug offenders undergo twice-weekly drug testing” (Quoted in Eagleman 442). Who’s to pay for these workers that are watching the patients? Who’s to pay for the rehabilitation facilities? Instead of using tax-payer dollars on trying to fix criminals for the crimes that they’ve done, the money can be used for a better purpose. Alex has shown that the impulses can come back at any time. Murderers and pedophiles shouldn’t be let into society just in case the feel these impulses. Even if they were let back into society, no one would look at them the
Since our justice system is designed to punish those who have deliberately chosen to do something wrong, there is a defence for those who have a “disease of the mind” (Verdun-Jones, Criminal Law in Canada, 2015, p. 206) because they, technically speaking, did not choose to do so in their right mind. Such defence is the defence of “not criminally responsible on account of mental disorder” (Verdun-Jones, Criminal Law in Canada, 2015, p. 204). As stated in section 16(1) of the Criminal Code (Carswell, 2015):
If a person is born with a mental disorder does it allow them to escape getting punished for their terrifying actions? If a murder has mental issue does it make the murders he/ her caused seem less horrific? In the editorial “James Holmes trial: Jury begins deliberations in sentencing phase” by Michael Martinez it talks about how James Holmes killed 12 people and injured 70 others and his punishment. It also informs us that his attorneys believe since he has a mental disorder he doesn’t deserve the death penalty because he was born this way. I strongly disagree with the attorneys thoughts because he is saying if someone else did this crime they deserve the penalty but since he was supposable born this way the penalty shouldn’t affect him.
The biological theories are essential to the criminal justice profession so that they won't assume that a person's genetic characteristics cause a person to commit a crime. However, there are born criminals and “these types of criminals are the most dangerous, and can be identified through his or her stigmata or identifying characteristics” (Akers, Sellers, See, & Kieser, 2013, p. 10). Biological theories are the bases for severe criminal behavior mostly found among people who are born with an innate impulse to commit a
The criminal justice system is a system of law enforcement that is involved in prosecuting, sentencing, and punishing those who have committed a criminal offence. When every member of society is aware of their individual rights and the laws enforced, the criminal justice system is very effective, but when a contributor to society is mentally insane and commits a criminal offence everything changes. In Frontline’s A Crime of Insanity, a twenty-six year old psychology student, Ralph Tortoricci, walked across the Albany campus of the State University of New York with a hunting knife and a Remington .270 rifle. He took a class hostage and later wounded a nineteen year old sophomore. Ralph obviously committed a crime but the problem is: was he
Psychopaths pose a challenge for theorists as to their debatable degree of moral and legal responsibility for their actions, as the capacities needed to assign such attributions to an individual may not be present. As psychopaths are able to see the world as it is with no delusions of a false reality they are able to practically apply reason in an effort to pursue their own goals. However, they seem unable to maintain control of their behaviours when placed in a moral situation when their goals are in congruence with the morally negligent path. This is due to their lack of empathy and an inability to see purpose in treating others in a morally acceptable
Rehabilitation is another utilitarian rationale for punishment. The goal of rehabilitation is to prevent future crime by providing offenders with the resources and abilities to succeed within the confines of the law. Rehabilitative requirements for criminal offenders usually include treatment for handicaps such as mental illness, chemical dependency, and chronic violent behavior. Rehabilitation also includes the use of public educational programs that offer the offenders the knowledge and skills needed to feel confident enough get out and compete in the job
The brain can be affected by damage and cause behavior to be expressed differently in every person. Events such as a car crash or childhood abuse can affect brain development and function. Damage to certain areas of the brain can have a variety of effects. The hippocampus controls emotions and is associated with memory, and the frontal lobe is a brain cortex that controls motor functions, problem solving, memory, language, judgments, social and sexual behavior and impulse. When the frontal lobe or hippocampus is affected, a person’s emotion can be out of their control. In criminal cases, brain damage can affect the sentencing of a violent criminal, but to what extent should these abnormalities play a role in their conviction? Much research has been conducted in order to determine the effect that brain abnormalities should have on the conviction of violent criminals. A psychiatrist at New York University, Dr. Lewis, has conducted a study on death-row inmates, how their brains work and what affect the damage had on their conviction. By doing so Dr. Lewis paved the way for other researchers, such as Kent Kiehl and Jonathan H. Pincus to study the brains of violent criminals looking for a answer as to whether or not these criminals should be incarcerated. Over time research has been conducted focusing on mental illnesses and brain damage as the cause of violent acts instead of it being just premeditated murder. Many believe brain damage or mental illness should have no affect on
The author seems to be pushing new ideas of punishments and ways to deal with crimes by people with mental illnesses. He says “I suggest that the legal system has to become forward-looking, primarily because it can no longer hope to do otherwise (Eagleman 16).” Some ideas he mentions are mental hospitals as confinement and drug-rehabilitation programs instead of prison for the people this applies to. One of the last things he talks about is something called “the prefrontal workout.” This is basically an experiment using brain scans that is meant to help you resist impulsive
Biological Theories have been related to crime for a long time. The Biological Theory talks about how one’s brain has an impact on committing crime or not. Dr. Jim Fallon, a neuroscientist from California talks about the biological influences in a brain. He believes that the combination of three major aspects can determine whether someone is psychopathic or not. Fallon states a combination of genes, damage to the person 's brain and the environment surrounding the individual will have the biggest impact on a person (Fallon, 2009). A real world example of the biological theory in full effect was the crimes of David Berkowitz, aka “Son of Sam. Berkowitz was accused and found guilty of killing over 6 people in New York City. After being convicted and locked up for a few years, studies had shown that Berkowitz had been diagnosed with schizophrenia. Berkowitz also claimed that his neighbor’s dog, Sam had told him to do the killings as well (Biography). Comparing the Biological theory to my own life was pretty simple because there is a genetic factor that runs in my dad’s side and that is tempers. Tempers tend to flare fairly easy, and luckily so far there has no issues with the law, however like Fallon had said, with the right combination, anyone is possible to commit a crime at any time. I feel like in a biological theory, this would have a major impact on my life
The way the criminal justice system should handle crimes has always been a debated subject. For over the last forty years, ever since the war on drugs, there are more policies made to be “tough on crime”. From then, correctional systems have grown and as people are doing more crimes, there are plenty of punishments for them. In the mid 1970’s, rehabilitation was the main concern for the criminal justice system. It was common that when someone was convicted of a crime, they would be sentenced to prison but there would also be diagnosed treatments to help them as well. Most likely, they would have committed a crime due to psychological problems. When they receive treatment in prison, they can be healed and would not go back to their wrong lifestyle they had lived before. As years have gone by, people thought that it was better to take a more punitive stance in the criminal justice system. As a result of the turnaround of this more punitive criminal justice system, the United States now has more than 2 million people in prisons or jails--the equivalent of one in every 142 U.S. residents--and another four to five million people on probation or parole. The U.S. has a higher percentage of the
It is very rare to study something that is as fascinating yet as bewildering as the distinctive paradox, that is the human brain. Every individuals conflicting behaviour and elaborate character that make them the person they are must have a justification. I originally established a fascination in forensic psychology as I read about a sequence of homicides committed by Gary Ridgway, otherwise known as the “Green River Killer”. Upon discovery of this case, questions began to pervade in my head about what may be the cause for an individual to execute such things, and just how someone’s mind could be so peculiarly dissimilar to my own.
It is very rare these days to turn on the news and not hear about a crime or a murder. Crime is a common occurrence yet many times it is difficult to understand how someone could bring themselves to do these things. It does seem to make any sense why a young handsome man from a good family would want to kill someone and then be able to go through with it. This leads one to wonder if the brains of people who behave in socially unacceptable ways are different from everyone else's brains. There is a substantial amount of evidence that suggests some criminals do have differences in their brains that most likely contribute to their behavior. Many of these individuals have Antisocial Personality Disorder and
Genetic influences on behavior can affect the criminal justice system. If a person is convicted of a crime with a mental disorder they have diminished responsibility for the crime and may not be held accountable because of their behavior and since this is the case should then genes affecting your behavior be treated the same way(“Genetics and Human Behaviour: The Ethical Context”).
As discussed and studied there are many who now have a hard time believing there psych disorders exists. Understandably so, because we find that it can become repetitive once a criminal has scene that there may be a way out of their consequence. Mr. Kenneth Bianchi is known as the Hillside Strangler and also a man who brought more skepticism to psych defenses in crime. This is a man who was caught and convicted for 15 rapes and murders. In his younger years you could say he has slightly a tragic story. His biological mother was a drunk but “was adopted at birth and had a love-hate relationship with women even as a young child.” (Bio, 2017)
In Psychology, there are perspectives and approaches that are looked into when trying to understand how the intricate human mind works. These perspectives are respectfully derived from different ideas and time periods, exemplifying different ways of thinking. These perspectives include: sociocultural, biopsychological, psychodynamic, behaviorism, cognitive, and humanism. These approaches are critically essential in solving something as serious as murder, or simply even why someone acts the way they do. There are many instances where there will be shocking news stories about people committing murders—people that are so unexpected to do such harm. However, when the six