Phineas Gage Case

Mental Illness has been prevalent all throughout our history from Isaac Newton to Abraham Lincoln to Sylvia Plath and so on. These illnesses can be as minor as a slight bipolar disorder or as severe as schizophrenia. In recent years, mental illnesses are becoming more prevalent in our criminal justice systems than anywhere else. Mental illness is becoming an association with crime and based on the information that has been found, this paper will attempt to further define the problem of mental illness within our criminal justice system and offer alternatives or insights as to how to possibly help with this problem.

Neurologist Antonio Damasio has written significantly on Gage and other patients that he studied on with similar injuries. Damasio viewed Gage's case as playing a crucial role in the history of neuroscience, and stated that Gage's story "was the historical beginnings of the study of the biological basis of behavior". Gage's case inspired the development of frontal lobotomy, which now is a psychosurgical procedure that leads to emotional response and personality traits. On the other hand, historical analysis doesn't support this claim because Gage's injury didn't have enough influence on the development of this practice.

The insanity defense has become popularized by criminal television shows, but it is not used as portrayed. According to Dr. Zachary Torry, a psychiatrist, the defense is actually used in one percent of cases and not even one-fourth of those cases will succeed in front of a jury (Torry). Furthermore, the legal definition of insanity is very different than the societal definition. As stated by George Blau, a criminal defense lawyer, “insane” does not describe someone who is psychotic or crazy, but it instead describes someone who does not know the difference between right or wrong. They are found not guilty by reason of insanity (NGRI) because one of the three traits of a crime is not evident. The three traits are a guilty mind (mens rea), a prohibited act, and a pre-established sentence (Blau). For the insane, there is no mens rea because someone cannot feel guilty for an act that they do not know is wrong. Therefore, those found NGRI have a different punishment than those convicted of a crime. Their sentence is often time at a mental institution where treatment is available, but the sentences can be irregular and unchecked by government associations. Therefore, the insanity defense may need to be amended, by requiring monitoring of the cases and adopting the mens rea approach or to be completely abolished because of its potential improper use and a lack of proof.

On the date of September 13th, 1848, one of the greatest medical miracles in history occurred. Not only was this case amazing, it was sounded too unbelievable to most and became liken into an old folk tale. However, this was no folk tale. The story of the living mad with a rod in his head was true and it stunned the entire medical community. This is the story of Phineas Gage.

Expert witnesses from the case of Kjeldsen (1981) state that even though psychopaths are not able to experience remorse or guilt for their victims, they have the mental abilities to appreciate the nature and quality of the actions (Verdun-Jones, Criminal Law in Canada, 2015, p. 209). That is, in other words, psychopaths are to have capabilities to understand as well as foresee the physical consequences of their actions, despite not being able to understand the psychological damage created towards their victims (Verdun-Jones, Criminal Law in Canada, 2015, p.

However, more recently, a study led by King’s College London has claimed that there are differences between the brains of psychopaths and other criminal offenders diagnosed with antisocial personality disorder. Dr. Nigel Blackwood who led the research is quoted as saying “We describe those without psychopathy as 'hot-headed' and those with psychopathy as ‘cold-hearted’.” This statement shows a clear distinction between what should be interpreted as a lack of self-control and ability to repress impulses and what should be diagnosed as psychopathy.
The study took MRI scans of 66 men, two thirds of which were offenders who had been diagnosed with antisocial personality whilst the other third were non-offenders considered to not have any personality disorders. Of the 44 offenders, 17 met the diagnosis criteria for psychopathy (ASPD+P) assessed by the guidelines stated in the DSM-IV. Researchers saw that the members of the study diagnosed as psychopaths had notably less grey matter in areas associated with moral behaviour and understanding other peoples’

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

Overall, this article describes numerous cases of people’s personality and behavior being drastically affected by various forms of brain damage, particularly to the frontal lobe. This is consistent with what we have learned about Phineas Gage and his dramatically changed personality. As such, the author, David Eagleman, concludes that humans are not really “free” and that we are all products of our brains’ physical state, meaning that the notion of all humans being equal in their decisions is fundamentally flawed. He therefore proposes modifying the criminal justice system so that sentencing is customized more for the particular offender, taking into account the functionality of the criminal’s brain,

First attributed to Aristotle was the concept of the tabula rasa, or blank slate. He believed that a person was born pure and their interactions with the world shaped their persona. From the moment we are born, we observe the world around us and, for good or bad, retain bits and pieces that collectively make up our personalities. In the video Inside the Killer’s Mind, neurologist Dr. Jonathan Pincus posited that brain damage coupled with a history of abuse could result in aggressive behavior. “The violent ones were all neurologically impaired on examination.” He discussed a cyst found on Shawcross’ MRI in the temporal lobe that by itself wouldn’t necessarily be significant, but coupled with an EEG spike in the same area it indicated an abnormality. Also in the film, Dr. Dorothy Lewis stated that in her exams of violent children she “found that these kids had more accidents, injuries, illnesses and hospitalizations than other kids.” I believe that brain injuries and abnormalities could account for elements of personality that are attributed to empathy, inhibition and moral concepts; characteristics sometimes lacking or poorly displayed in those with criminal behaviors.

A significant and controversial issue within the legal system is the ‘insanity defense’ in which during a criminal trial, the defendant will make a claim that they are not guilty by reason of insanity, or in other words, they have deficient and impaired cognitive and mental capabilities. These mental health problems associated with insanity are caused by psychopathological disorders, which may have led to their dysfunction. What separates this from a regular plead of ‘diminished capacity’ is that a plea of insanity is a full defense rather than just a partial defense (Legal information institute, n.d.). With the diminished capacity defense, the defendant’s mental competence is still the focus, although they are pleading to a lesser crime

Due to its primary role in processing memory and emotional reactions, over the last decade and a half psychologists have been linking the amygdala to psychopathy. It is involved in aversive conditioning and instrumental learning and is thus involved in all the processes that, when impaired, produce the same functional impairments displayed by psychopaths. Two famous studies conducted by Tiihonen and Kiehl respectively have confirmed this. Tiihonen used a volumetric MRI to test and confirm the positive correlation between low amygdaloid volume and a high degree of psychopathy in violent criminals (measured by the Hare checklist-revised) while Kiehl used a functional MRI to prove reduced amygdala response during an emotional memory task in individuals who scored high on the Hare checklist-revised. However, both these studies along with numerous others were conducted using violent offenders as subjects rather than individuals with psychopathy. Although many psychopaths do exhibit violent tendencies, not all violent offenders are necessarily psychopaths. A study conducted by Raine is one of the few that did focus only on individuals exhibiting psychopathy. In his study Raine was able to show reduced prefrontal grey matter in his test subjects. Unfortunately though, he was unable to differentiate between grey matter in different regions of the prefrontal cortex. It is however clear that there is one region of the frontal cortex that could be

In order to understand why people act in antisocial ways, one needs to pinpoint which area of the brain controls social behavior. The prefrontal cortex has been thought to have something to do with control of social behavior ever since Phineas Gage's famous accident in 1848 (1). Phineas Gage was a

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”).

The biology and environment play a huge role in these offender’s lives. The interaction between neurological and having a disadvantaged environment can put them at a higher risk of becoming an offender. These offenders can be seen as psychopaths because of the factors that are a play. Throughout their childhood they begin to have antisocial conduct. Then during adolescence they begin to have cumulative consequences and in adulthood they start to commit criminal behavior.

Behavioral neuroscience or biological psychology employs the principles of brain pathology to the study of human behavior through genetic, physiological, and developmental operations, as well as, the brain’s capacity to change with experience. Since the second world war, crime was largely attributed to mostly economic, political, and social factors, along with what psychologists termed at the time, the “weak character” of mental disturbance, and brain biology was rarely considered. However, new advances in neuroscience and technology have allowed a number of studies that link brain development, impairment, and injury to criminal violence. This emerging field of psychology explores the brain at a microscopic level, focusing studies on the roles that the brain’s neurons, circuitry, neurotransmitters, and basic biological processes play in defining and molding all human behavior.