Science, justice, and morality

[Az]

As we learn more about the brain/mind it becomes clear that physical problems in the brain can lead to specific behaviours and drives on the part of the person. That is change the brain and you change the person. Not just their memories but their drives, their sense of morality, obsessions, attractions, nearly every aspect of the human condition can be shifted by manipulating the brain.

Consider a case that took place in the 90s. (link http://www.economist.com/opinion/displaystory.cfm?story_id=8453850) A man suddenly found himself attracted to child porn. He began collecting it and even began propositioning children. He was caught and put on trial. The day before sentencing he had his brain scanned. They found a tumor. When they removed the tumor his paedophilia went away. When the tumor grew back it returned. They removed it again and he returned to an upstanding citizen.

Science presents us with new ways of looking at the causes for a person's actions. New understanding of why people behave badly. So what should have been done in this case? What should be done when a person's criminal activity is found to be neurological in origin? Is society served in any way by punishing the person who when treated is a perfectly moral citizen?

Should we examine prisoners to see if they are merely neurologically impaired? Do we commute sentences when such a case is found?

The times are changing. Our system of justice has to keep pace. Unless it is just a form of vengence.

[me b zola]

1. Keeping pace seems so distant while we are regressing in our humanity

Our criminal justice system has become a form of vengence, among other even more hidious things. I mean, WTH is three strikes and you're out?

I have found that there is little justice in the justice system, almost no (if any) morality from those whom claim to possess it, and science & logic is frowned upon by those who posses the biggest microphones.

You pose interesting questions; provacative because it is sexual offenders that the law and order type use to beat logic, reason, and humanity over the head with. I have no answers but look forward to a good discussion on the topic.

[bananas]

2. Az, there is so much more to this

For example, the SSRI's have been a panacea for all sorts of ailments,
yet there are many more serotonin receptors in the gut than the brain.
I'm not detracting from what you say - I'm expanding on it -
a benign colon polyp could affect behaviour in ways we wouldn't expect.
etc etc etc

Merry Christmas, Az, you have made a difference on DU!

[Porcupine]

3. "Criminal Justice" system is about human sacrifice.

Read the proponents of jailing, and punishing criminals carefully and you will find that they are not really concerned about who gets published. They seize somebody and punish them and damn the truth or the evidence.

Many, many people just want to see somebody, anybody sacrificed and hurt in the hopes that it will assuage their fears and pain. It never does so they keep grabbing people off the streets and jailing them. The pretense we have of offering a "fair trial" and a "public defender" is a pretense only. The vast majority of those in prison got no trial and no attempt at defense.

It's all about inflicting pain on others.

[EST]

4. The recent spate of discussion concerning people who should

know better digging that old chestnut about mere factual innocence being no reason to overturn a good verdict.

This is so ludicrous on its face that it should be laughed out of any real court but several idiot juhges on the supreme court-the final arbiter of constitutional issues-seem to think it has validity.

You are so right-all that far too many prosecutors care about is that somebody be blamed (unless it's bad for politics) and they don't really give a shit who it is.