Neuroscience, Brain Damage, and the Criminal Defendant: Who Does It Help and Where in the Criminal Proceeding Is It Most Relevant?
23 Pages Posted: 5 Dec 2013 Last revised: 20 Dec 2013
Date Written: 2012
Abstract
Individuals with brain injuries such as frontal lobe disorder may be legally responsible, but they are less culpable and less blameworthy. For these individuals, a different type of sentence, namely, one that utilizes some retributive principles but also contains rehabilitative and utilitarian aspects, is appropriate. This approach is consistent with the goals of individualized sentencing and accurately reflects what neuroscience is telling us about the brain and human conduct.
Keywords: neuroscience, criminal law, sentencing, due process
JEL Classification: K40
Suggested Citation: Suggested Citation
Lamparello, Adam and Lamparello, Adam, Neuroscience, Brain Damage, and the Criminal Defendant: Who Does It Help and Where in the Criminal Proceeding Is It Most Relevant? (2012). Rutgers Law Record, Vol. 39, 2012, Available at SSRN: https://ssrn.com/abstract=2363165
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