It’s hard to imagine a case that could bring the questions about moral and legal responsibility that are raised by neuroscience any more front and centre than the upcoming investigation of the motives and culpability of Aurora mass murderer James Holmes.
We now know that Holmes was seeing a psychiatrist before his rampage. And his dazed behaviour during his first court appearance suggests that he may be so seriously unhinged that it will be very difficult to hold him criminally responsible for his actions.
Many people suspect that the neuroscience student’s “insanity” is a carefully and cynically planned “get out of jail free” card. They worry that he’ll get away with it, avoiding the harshest versions of the retribution that his crime deserves.
There have been several posts here on whether and to what extent neuroscience should mitigate criminal responsibility, most recently “But it’s the other guy in my brain who’s guilty.”
Many experts, among them Michael Gazzaniga (article here), have argued that brain science is nowhere near complete nor definitive enough to inform decisions about criminal guilt. One of the most recent forays into this contentious legal arena is a New York Times piece by psychologists John Monterosso and Barry Schwartz.
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