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Criminal Neuroscience
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Yaaaawn ??
No, actually, did anyone hear this on Radio 4 today?
They can scan your brain, and see if you have a brain condition which causes you to have criminal tendencies.
If so, can you say ... I should not be convicted, because I have a brain condition which caused me to behaveas I did?
Oversimplification ... but that's the essence.
No, actually, did anyone hear this on Radio 4 today?
They can scan your brain, and see if you have a brain condition which causes you to have criminal tendencies.
If so, can you say ... I should not be convicted, because I have a brain condition which caused me to behaveas I did?
Oversimplification ... but that's the essence.
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and this (which I just inadvertently posted on a rather inappropriate thread)
http://www.guardian.c...n-scans?newsfeed=true
http://www.guardian.c...n-scans?newsfeed=true
I had a brain scan as part of a research into genetic links in Bipolar Disorder - not really sure what the eventual outcome of the research was.
There is always going to be non-mentally ill people who do bad things and people, like myself, who have a recognised mental illness who are law abiding members of society.
If people are found to be deficient mentally -more like morons and chavs - should they be allowed to carry on breeding and bring more morons into the world?
It is an interesting area of science - only time will tell as to what will happen.
There is always going to be non-mentally ill people who do bad things and people, like myself, who have a recognised mental illness who are law abiding members of society.
If people are found to be deficient mentally -more like morons and chavs - should they be allowed to carry on breeding and bring more morons into the world?
It is an interesting area of science - only time will tell as to what will happen.
Even more Golly, jno ... !
Well, yes, wolf ... that's true.
I suppose part of the argument was this. There is already a defence based on diminished responsibility ... mental incapacity to understand the nature of what you are doing.
Once scans can identify the difference in the brain patterns of, say, a rapist or murderer, that person can argue that they are not a bad person ... they are the unfortunate victim of an identified brain defect.
But, you see, there is obviously something different in the brain of someone who can commit a murder. So, arguably, our predisposition, or not, towards serious crime, is predetermined from birth ... in fact our entire decision making process is predetermined in the same way.
This research raises questions about the very nature of "free will".
Well, yes, wolf ... that's true.
I suppose part of the argument was this. There is already a defence based on diminished responsibility ... mental incapacity to understand the nature of what you are doing.
Once scans can identify the difference in the brain patterns of, say, a rapist or murderer, that person can argue that they are not a bad person ... they are the unfortunate victim of an identified brain defect.
But, you see, there is obviously something different in the brain of someone who can commit a murder. So, arguably, our predisposition, or not, towards serious crime, is predetermined from birth ... in fact our entire decision making process is predetermined in the same way.
This research raises questions about the very nature of "free will".
There was a Horizon program on this a short time ago.
There is a genetic facture in most psychopaths - that in itself it seems is not sufficient to make you a psychopath - infact one of the researchers had the gene.
However if you have the gene and have an abused or particularly troubled childhood that seems to do it.
The main researcher gave evidence at a trial in the US with the aim of showing diminished (note diminished not absent) responsibility. The aim was to reduce the likely sentence from the death penalty.
He was somewhat surprised that the jury then found the defendant not guilty of murder but of manslaughter (I may have the specific US legal terms wrong).
I believe that the question of how much weight such factors deserve is still fairly contraversial.
http://www.guardian.c...iew-horizon-good-evil
It occurs to me that such genetic factors could work against someone too!
If you have this genetic tendency to such an extent that it reduces your responsibility- why would you ever qualify for parole?
There is a genetic facture in most psychopaths - that in itself it seems is not sufficient to make you a psychopath - infact one of the researchers had the gene.
However if you have the gene and have an abused or particularly troubled childhood that seems to do it.
The main researcher gave evidence at a trial in the US with the aim of showing diminished (note diminished not absent) responsibility. The aim was to reduce the likely sentence from the death penalty.
He was somewhat surprised that the jury then found the defendant not guilty of murder but of manslaughter (I may have the specific US legal terms wrong).
I believe that the question of how much weight such factors deserve is still fairly contraversial.
http://www.guardian.c...iew-horizon-good-evil
It occurs to me that such genetic factors could work against someone too!
If you have this genetic tendency to such an extent that it reduces your responsibility- why would you ever qualify for parole?
Yes, a double edged sword, jake.
But maybe there's no such thing as a bad person.
Only good people with conditions beyond their control.
So do we lock them up?
Or do we try to "cure" them?
Another discovery from the scans was that subjects who were trying to recall actual facts from their memory used a different part of the brain from subjects who were answering questions by imagining scenarios, and the scanner could observe which part of the brain was being activated. The logical corollary from this is that a scanner could tell which witnesses are "remembering facts", and which are being "creative".
But maybe there's no such thing as a bad person.
Only good people with conditions beyond their control.
So do we lock them up?
Or do we try to "cure" them?
Another discovery from the scans was that subjects who were trying to recall actual facts from their memory used a different part of the brain from subjects who were answering questions by imagining scenarios, and the scanner could observe which part of the brain was being activated. The logical corollary from this is that a scanner could tell which witnesses are "remembering facts", and which are being "creative".
I didn't catch the radio programme yesterday, but it seems to me self evident that there must be reasons a person does what they do, in all cases.
Ultimately this implies no one can help who they are, and none of us should be held responsible for our actions. If we think we are responsible then that is just our mind drawing an erroneous conclusion. Whoever "we" are, whatever the defintiion of "we", we have less control over what we do than we like to think.
But the problem is that no society can operate with that level of empathy. There needs to be a framework and an incentive to stay within it. If one escapes conviction because a cause for the behaviour is found, then the incentive to act acceptably to society as a while, has been removed. Unfair though it may be, if you do something you have to accept the consequences or there is no hope for society.
Ultimately this implies no one can help who they are, and none of us should be held responsible for our actions. If we think we are responsible then that is just our mind drawing an erroneous conclusion. Whoever "we" are, whatever the defintiion of "we", we have less control over what we do than we like to think.
But the problem is that no society can operate with that level of empathy. There needs to be a framework and an incentive to stay within it. If one escapes conviction because a cause for the behaviour is found, then the incentive to act acceptably to society as a while, has been removed. Unfair though it may be, if you do something you have to accept the consequences or there is no hope for society.
In the case of an obvious ailment such as a tumour, then one could hold that as mitigating circumstances and offer the option of surgery and constant check-ups instead of the usual punishment. Have to treat these things on a case by case basis, and do whatever appears to be the right thing, at the time.
I think the mistake is to see it in black and white
Tabloids love "Good man", "Bad man", "Mad man" - sorry but it's not that simple
In the same way as you are not suddenly out of control of a car after a half pint of beer you're not suddenly out of control of your faculties if you have certain brain conditions.
We already recognise this in certain well known conditions like schizophrenia I think there are many other conditions we may not yet be recognising.
Consider Tourette's syndrome where brain damage can stop damage someone's abilty to suppress unacceptable words - is it that hard to see a similar condition where unacceptable actions cannot be suppressed?
This doesn't mean such people should be allowed to roam the streets as they're clearly a threat to the public.
But if we recognise people with genetic conditions early we can possibly try to ensure they don't encounter the sort of environment that can cause the effects to be expressed
Tabloids love "Good man", "Bad man", "Mad man" - sorry but it's not that simple
In the same way as you are not suddenly out of control of a car after a half pint of beer you're not suddenly out of control of your faculties if you have certain brain conditions.
We already recognise this in certain well known conditions like schizophrenia I think there are many other conditions we may not yet be recognising.
Consider Tourette's syndrome where brain damage can stop damage someone's abilty to suppress unacceptable words - is it that hard to see a similar condition where unacceptable actions cannot be suppressed?
This doesn't mean such people should be allowed to roam the streets as they're clearly a threat to the public.
But if we recognise people with genetic conditions early we can possibly try to ensure they don't encounter the sort of environment that can cause the effects to be expressed
There has been increasing interest over the last few decades in trying to determine the level of influence that genetics and brain activity/patterns have on such things as criminal tendencies and pyschopathy. Interesting article below on a researcher into this area who found out some interesting stuff about himself.
There is something that the media have christened the "warrior gene" and it has already been used as a form of defence in a murder trial, to little effect.
http://www.npr.org/te...php?storyId=127888976
There is something that the media have christened the "warrior gene" and it has already been used as a form of defence in a murder trial, to little effect.
http://www.npr.org/te...php?storyId=127888976
In another program about the brain and imaging they noticed if a person thought about an act th#at area of the brain would light up as though they were carrying out a procedure.
This program was about those in a coma who couldn't act physically but the brain scan showed they were going through the same mental emotions of those able bodied.
So what does this prove? Maybe you don't need to be a murderer but if the brain scan shows you have evil intentions you are half way to committing them.
This program was about those in a coma who couldn't act physically but the brain scan showed they were going through the same mental emotions of those able bodied.
So what does this prove? Maybe you don't need to be a murderer but if the brain scan shows you have evil intentions you are half way to committing them.
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