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Psych Response Paper

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Psych Response Paper 1

Overall, this article describes numerous cases of people’s personality and behavior being drastically affected by various forms of brain damage, particularly to the frontal lobe. This is consistent with what we have learned about Phineas Gage and his dramatically changed personality. As such, the author, David Eagleman, concludes that humans are not really “free” and that we are all products of our brains’ physical state, meaning that the notion of all humans being equal in their decisions is fundamentally flawed. He therefore proposes modifying the criminal justice system so that sentencing is customized more for the particular offender, taking into account the functionality of the criminal’s brain, …show more content…

As someone who feels that no one is above the law, I have some reservations about completely changing sentencing guidelines so that two people who inflict the same harm receive drastically different punishments merely based on the states of their brains. Furthermore, because an increasing number of people are being diagnosed with various mild mental illnesses (depression, bipolar disorder, etc.), this may end conventional guidelines for sentencing. Because of the availability of psychologists for examinations and the potential for human error, I’m concerned about the potential for unequal judgment and sentencing. That being said, I do believe that this modification of the legal system will be most fair to criminal that have been driven towards crime by their difficult-to-control psychology, and can actually be implemented quite easily. One of the primary determining factors of a criminal’s culpability and appropriate sentence is their mens rea, or guilty mind, a spectrum of criminal liability ranging from accidental to premeditated. At the very least, the biology of a criminal’s brain could be introduced in court to mitigate the mens rea and therefore assign a more lenient and appropriate sentence. This gradual introduction could serve as an experimental gateway for the criminal justice system to begin implementing neuroscience as a foundation for sentencing and

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