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I’ve noticed that the New York Times Magazine has featured several articles in neuroscience. In particular, I liked the March 11, 2007 issue called “The Trials of Neurolaw.” The article, “The Brain on the Stand” discussed the controversial and revolutionizing effect of admitting more neurological evidence into the court system.

Once government test called the Impulse Test includes the possibility of a mental defect but does not does specify the extent. Could any slight abnormalities or imbalances in the brain excuse the defendant from punishment? What about simple chemical imbalances? Does age, born defects or trauma qualify as improper functioning? How does the legal system define a normal or abnormal brain? Mental defect seems to absolve too many people of the responsibility for their actions.

An interesting point made about age referred to the immaturity of adolescent brain. Many neurobiologists don’t consider neurons in the prefrontal cortex to be fully developed until the early 20s. The prefrontal cortex deals in part deals with a person’s control over their impulses. Teenagers are notorious for their strong impulses and lack of control over them. They often have poor judgment, rash decisions, immaturity. Why then does the penal system punish juveniles 18 and under instead of 21 and under?

Brain scanning may facilitate the distribution of justice. PET scans can detect trauma or abnormality in emotion generating region or decision making regions. Physical problems are significant pieces of evidence for the defendant’s case. Furthermore, investigations and criminal identity can be more reliable. Areas of the brain specify in face recognition. A victim’s brain could be monitored when identifying a suspect. If the face recognition area is stimulated when looking at a particular suspect, then the victim’s brain identifies, whether conscious or subconscious, the suspect.

I really enjoyed reading this article and would like to better understand why humans submit to impulses. How does the brain formulate criminal actions? Why do minds become so warped that a criminal might be able to justify such an actions? I’m sure outside factors such as the environment or upbringing influence behavior, but I would like to focus on biological reasons. Which parts of the brain, besides the amygdale and frontal cortex, create impulses? What other detectable brain reactions might aid the legal system? This article has opened my mind to the many ways neurobiology can positively change the legal system.

“The Brain on the Strand.” by Jeffrey Rosen from the New York Times Magazine. March  11, 2007

http://law.enotes.com/everyday-law-encyclopedia/insanity-defense