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

See all articles by Adam Lamparello

Adam Lamparello

Georgia College and State University; Assistant Professor of Public Law

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

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

Adam Lamparello (Contact Author)

Assistant Professor of Public Law ( email )

Georgia College and State University ( email )

Milledgeville, GA 31061-0490
United States

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