NCJ Number
227063
Journal
Law Enforcement Technology Volume: 36 Issue: 5 Dated: May 2009 Pages: 34,26,39
Date Published
May 2009
Length
5 pages
Annotation
This article discusses what is known and not known about how neurological disorders, which can be revealed with neuroimages, influence impulsive, sometimes criminal behavior, as well as how the legal system views culpability in such cases.
Abstract
The parts of the brain most associated with violence or lack of control are the frontal and temporal lobes. Damage to these areas of the brain are increasingly being cited in defenses in violent-crime cases. Although such defenses have not led to acquittals, brain disorders linked to criminal behaviors can and do lend themselves to leaner sentences. The U.S. Supreme Court has ruled it unconstitutional to impose capital punishment for crimes committed by minors and mentally retarded people, since they are generally more compulsive due to handicaps of biological development. This opens the door for challenging the harshness of sentences for individuals whose criminal behavior can be linked to biological disorders and disabilities. Neuroimaging presented as evidence of biologically based criminal behavior, however, can also be detrimental to a defendant, in that it may be evidence of ongoing dangerousness and a high risk for violence. Also, it is difficult to trace violent behavior to a biological source alone. Violence arises from a combination of factors, often including brain dysfunction in the context of environmental determinants, such as socioeconomic pressures, patterns of response to provocation, and role modeling within social networks. The existence of such multiple factors makes it difficult to predict the risk for violent behavior even when neurological disorders have been diagnosed. For now, developing and relying on more specific neuro-technology is work for future neurologists and courtrooms.