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The Brain on Trial

The choices we make are inseparably yoked to our neural circuitry, and therefore we have no meaningful way to tease the two apart. The more we learn, the more the seemingly simple concept of blameworthiness becomes complicated, and the more the foundations of our legal system are strained.

If I seem to be heading in an uncomfortable direction—toward letting criminals off the hook—please read on, because I’m going to show the logic of a new argument, piece by piece. The upshot is that we can build a legal system more deeply informed by science, in which we will continue to take criminals off the streets, but we will customize sentencing, leverage new opportunities for rehabilitation, and structure better incentives for good behavior. Discoveries in neuroscience suggest a new way forward for law and order—one that will lead to a more cost-effective, humane, and flexible system than the one we have today. When modern brain science is laid out clearly, it is difficult to justify how our legal system can continue to function without taking what we’ve learned into account.

(via the-feature)

  1. badgers-notebook reblogged this from the-feature
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  3. ninawilkins reblogged this from viviian and added:
    This is how you start off an article. Wambamthankyou, ma’am!
  4. metermouse reblogged this from fresafresca and added:
    This is a really amazing story. I agree that our legal system needs an overhaul, there is no “correction” involved in...
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  7. onehundredandten reblogged this from the-feature and added:
    The moral and ethical dilemma which is the legal system.
  8. viviian reblogged this from the-feature and added:
    It was not of my own free will that I posted this.
  9. woody reblogged this from the-feature and added:
    This ties in with my philosophy towards crime in general…
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  14. note-a-bear reblogged this from the-feature and added:
    If you have the time, I say it’s worth the read. It’s an interesting argument and, at the very least, a very useful...
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