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In recent years research has found more and more evidence of genetic determinism. i.e. certain types of brains are more prone to violent behavior. Psychopaths a

by putlake 12y ago

In recent years research has found more and more evidence of genetic determinism. i.e. certain types of brains are more prone to violent behavior. Psychopaths also have a certain brain "signature" [1] I wonder if the legal system recognizes genetic determinism as a mitigating factor in violent crimes. If I were a defense attorney in a no-win scenario, I'd probably try this defense. Ah..will probably spend the rest of the night researching [2] 1. http://www.smithsonianmag.com/science-nature/the-neuroscientist-who-discovered-he-was-a-psychopath-180947814/ http://www.smithsonianmag.com/science-nature/the-neuroscient... 2. https://www.google.com/webhp?sourceid=chrome-instant&ion=1&espv=2&ie=UTF-8#q=brain+neurology+as+a+defense+in+violent+crimes https://www.google.com/webhp?sourceid=chrome-instant&ion=1&e...

canjobear 12y ago
Brain structure differences do not necessarily imply genetic determinism.
kghose 12y ago
Don't forget XYY (http://en.wikipedia.org/wiki/XYY_syndrome#1960s http://en.wikipedia.org/wiki/XYY_syndrome#1960s) A cautionary tale about drawing conclusions from small sample sizes.
gatehouse 12y ago
predisposition to murder doesn't seem like a good reason to let someone go free
- sliverstorm 12y ago
  It's not his fault, he can't resist murdering! How could we imprison a man like that!
waterlesscloud 12y ago
You want to think very, very, VERY carefully about the implications of "genetic determinism" before you go down that road.
ajmurmann 12y ago
There was a great episode on radiolab about this: http://www.radiolab.org/story/317421-blame/ http://www.radiolab.org/story/317421-blame/ On segment of the show is about a man whose self control is impacted due to some mental disorder. The question is: Should he be treated more leniently because it's not his fault, but his brain's? The conclusion, that I have to agree with is: Of course not! You ARE your brain.
PeterisP 12y ago
Genetic determinism would not be a mitigating factor for violent crimes. Look at the main theories for criminal sentencing (https://en.wikipedia.org/wiki/Theory_of_justice#Theories_of_sentencing https://en.wikipedia.org/wiki/Theory_of_justice#Theories_of_...): 1. Retribution - nope; predisposition to crime doesn't change the appropriate retribution for the act; 2. Deterrence - nope; if we believe in deterrence then we definitely do not want people predisposed to crime to feel that they might get off lightly because of that; those people would be the prime "focus group" of deterrence that'd be threatened to keep their violent tendencies in check or suffer harsh consequences. 3. Rehabilitation - it depends; are the brain factors making you prone to violent behavior curable ? It might change the nature of appropriate punishment from imprisonment towards forcible curing = brain modification; but it's not really a mitigating factor there, more like an agravating one that requires more/different rehabilitation. 4. Incapacitation - it's an aggravating factor in that case; if you're genetically predisposed to violent crime, then according to incapacitation doctrine you should be isolated from society more/longer than someone who is less likely to reoffend. 5. Reparation - nope; no effect. 6. Denunciation - okay, for this theory it would be a mitigating factor. However, denunciation is generally applied to nonviolent crimes (ethics/morals issues); for murder generally we focus on combination deterrence, rehabilitation and incapacitation.

by putlake 12y ago

canjobear 12y ago

Brain structure differences do not necessarily imply genetic determinism.

kghose 12y ago

Don't forget XYY (http://en.wikipedia.org/wiki/XYY_syndrome#1960s http://en.wikipedia.org/wiki/XYY_syndrome#1960s) A cautionary tale about drawing conclusions from small sample sizes.

gatehouse 12y ago

predisposition to murder doesn't seem like a good reason to let someone go free

sliverstorm 12y ago
It's not his fault, he can't resist murdering! How could we imprison a man like that!

waterlesscloud 12y ago

You want to think very, very, VERY carefully about the implications of "genetic determinism" before you go down that road.

ajmurmann 12y ago

There was a great episode on radiolab about this: http://www.radiolab.org/story/317421-blame/ http://www.radiolab.org/story/317421-blame/ On segment of the show is about a man whose self control is impacted due to some mental disorder. The question is: Should he be treated more leniently because it's not his fault, but his brain's? The conclusion, that I have to agree with is: Of course not! You ARE your brain.

PeterisP 12y ago

Genetic determinism would not be a mitigating factor for violent crimes. Look at the main theories for criminal sentencing (https://en.wikipedia.org/wiki/Theory_of_justice#Theories_of_sentencing https://en.wikipedia.org/wiki/Theory_of_justice#Theories_of_...): 1. Retribution - nope; predisposition to crime doesn't change the appropriate retribution for the act; 2. Deterrence - nope; if we believe in deterrence then we definitely do not want people predisposed to crime to feel that they might get off lightly because of that; those people would be the prime "focus group" of deterrence that'd be threatened to keep their violent tendencies in check or suffer harsh consequences. 3. Rehabilitation - it depends; are the brain factors making you prone to violent behavior curable ? It might change the nature of appropriate punishment from imprisonment towards forcible curing = brain modification; but it's not really a mitigating factor there, more like an agravating one that requires more/different rehabilitation. 4. Incapacitation - it's an aggravating factor in that case; if you're genetically predisposed to violent crime, then according to incapacitation doctrine you should be isolated from society more/longer than someone who is less likely to reoffend. 5. Reparation - nope; no effect. 6. Denunciation - okay, for this theory it would be a mitigating factor. However, denunciation is generally applied to nonviolent crimes (ethics/morals issues); for murder generally we focus on combination deterrence, rehabilitation and incapacitation.