Although neuroscience and the law still don’t always agree on how to apply a diminished capacity defense in individuals whose behavior was directly influenced by chronic and severe symptoms of TBI, the criminal justice system does seem to be moving in that direction. In each case that is presents before a court of law, the closer the justice system becomes at defining the important legal questions that identify culpability, responsibility, intent, and the probability of future recidivism for defendants living with a TBI (Mobbs et. al., 2007). Luckily, neuroimaging is more frequently being used as forensic evidence to objectively demonstrate a diminished capacity of defendants with TBI, particularly when it comes to mens rea – or the lack thereof …show more content…
In theory, such injuries can add further prove to the defensive claim that a defendant should not be held fully accountable or liable for their actions at the time in which the crime in question took place. As Ederseim et. al. (2012) mentions, “while the balance of scientific opinion in this area urges extreme caution when attempting to apply these nascent imaging findings to legal settings, many lawyers and scientific experts have already framed these findings in legal terms in order to argue for diminished criminal responsibility” (p. 167). Regrettably, the majority of court cases where brain injury or damage is presented as evidence of diminished capacity are often not well-received, despite mounting evidence that TBIs contribute to the risk factors for crime, as well as impaired social and cognitive …show more content…
judges will easily accept the concept of diminished capacity resulting from a TBI. “From this standpoint, the exciting discoveries of neuroscience resonate far beyond mere philosophical banter and may have important implications for the way government institutions, including education and legal systems operate” (Mobbs, et. al., 2007, p. 693). However, as the literature on the cognitive dysfunctions of TBIs grows, there is bound to be a diminished capacity case that recognizes the importance of a TBI on criminal behavior. Once a criminal case has been firmly established this defense within the judicial court system, more jurisdictions will like follow suit in the same manner as the regulation change for both treating and preventing TBIs in educational, recreational, and professional sport
In the essay "What Pregnant Women Won't Tell You - Ever", Elyse Anders talks about the downsides of pregnancy. Some of which I wasn't aware that could happen but other I was. I was aware of common symptoms like having a trouble staying awake, morning sickness, frequent urination, pooping and not being able to drink. But, I was not aware of the others.
As someone who feels that no one is above the law, I have some reservations about completely changing sentencing guidelines so that two people who inflict the same harm receive drastically different punishments merely based on the states of their brains. Furthermore, because an increasing number of people are being diagnosed with various mild mental illnesses (depression, bipolar disorder, etc.), this may end conventional guidelines for sentencing. Because of the availability of psychologists for examinations and the potential for human error, I’m concerned about the potential for unequal judgment and sentencing. That being said, I do believe that this modification of the legal system will be most fair to criminal that have been driven towards crime by their difficult-to-control psychology, and can actually be implemented quite easily. One of the primary determining factors of a criminal’s culpability and appropriate sentence is their mens rea, or guilty mind, a spectrum of criminal liability ranging from accidental to premeditated. At the very least, the biology of a criminal’s brain could be introduced in court to mitigate the mens rea and therefore assign a more lenient and appropriate sentence. This gradual introduction could serve as an experimental gateway for the criminal justice system to begin implementing neuroscience as a foundation for sentencing and
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
The ‘loss of control’ tests were formulated as a response to the criticism of the ‘irresistible impulse’ test, whose title was even characterized as misleading by Abraham Goldstein. This new tests have a wider scope, since they encompass situations were a person has lost the power to make choices irrespective of the source that led to this loss. The emerged ‘Parson’s rule’ stresses the need for a causal link between the condition suffered by the defendant and the criminal offence committed, an element that was, also, present in the ‘M’Naghten rule’. Moreover, the test’s unfortunate criterion that the mental disease must have ‘solely’ caused the subject’s act, has been interpreted as meaning ‘primarily’ to ensure the intended scope of the
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
Many court cases involve some type of syndrome-based defense, whether it be anything from battered women’s syndrome to Vietnam syndrome to fetal alcohol syndrome to attention deficit disorder. In these cases, the accused tries to use their disease or disorder as a reason to get a not guilty charge. A syndrome-based defense is a defense based on the acceptability of syndrome-related claims. Since syndromes are viewed as diseases or disorders, we might anticipate the development based on other disorders, perhaps Alzheimer’s, alcoholism, or drug addiction.
In the motion picture The Pregnancy Pact a group of high school girls, no older than sixteen, make a pact to become pregnant. Their goal, instead of graduating together, was to have only girls and raise them together. Throughout the movie the girls make references to the pregnant Jamie-Lynn Spears and the movie Juno stating that being fifteen or sixteen and pregnant was the most glamorous thing that could happen to them and not one thing would top being pregnant. This didn't end that way though. Instead the girls realized that having a child so young is not a walk in the park. The media’s perception of teenage pregnancy has changed over time from being a social taboo to a glamorous after school activity. This change
As a woman, the experience of pregnancy and preparing to bring a new life into this world is, in general, an incredibly exciting time, unless of course, you are one of thousands of women incarcerated in the United States, serving prison time for felony convictions.
Traumatic brain injury is any damage caused to the brain. Individuals with TBI may show aphasia-like symptoms, yet the characteristics of TBI include mostly cognitive processes deficits. Those characteristics include disrupt orientation, attention, memory, visual processing, and executive functions problems. Penitents with TBI experience a blackout that can last anywhere between a few minutes up to months and usually wake up confused and disoriented. They do not have any recollection of the events that occurred. In addition to the common characteristics mentioned earlier, TBI patients exhibit communication deficits that relate to poor cognitive functioning such as problems with word finding, grammatical, spelling, reading, and writing. The cause of TBI is very straightforward, unlike SLI or ASD. Any injury to the head, for example motor vehicle accidents, falls, blast trauma, and more, can cause a TBI. These in turn can cause damage to multiple areas of the brain and impair motor, speech, language, and cognitive functions as discussed. It is important to note that unlike ASD that usually
Two other types of tests were created regarding insanity in 1984--the Federal Insanity Defense Reform Act and Rogers Criminal Responsibility Assessment Scales. The Federal Insanity Defense Reform Act placed the burden of proof on the defendant, and not the prosecution (Morse, 2008). The Rogers Criminal Responsibility Assessment Scales were also developed in 1984 to evaluate criminal responsibility with regard to sanity. It uses the concepts of cognitive and volitional components and is structured to
Unfortunately, TBI and inmates is not a well-established area of study. According to the Centers for Disease Control and Prevention (2007), mild TBI is found within 25% to 87% of inmates. One such that looked at prevalence was done by Diamond, Harzke, Magaletta, Cummins, and Frankowski (2007) where the researchers looked at Minnesota male state prisoners and assessed them using the Traumatic Brain Injury Questionnaire. What the authors found
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
In my opinion, the insanity defense should be in place for those individuals who are in fact mental incapable of fully understanding their actions. However, I perceive it as being used more often than actually applicable to people. Upon reading though, I was surprised that less than 0.2% of people have been found to be considered insane (Schweitzer, N.J., & Saks, M.J. (2011). As for the standards, I feel as if having either prior knowledge of the disorder or several expert opinions are needed to ensure the legitimacy of the plea. That being said, the neuroimaging should also be considered, if found to be more reliable and accurate upon further reflection. If a person is found to be legally insane, they should be treated medically as such. Furthermore,
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
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.