An original Victorian Courtrooms at the Galleries of Justice Museumin Nottingham, EnglandWikimedia, FayerollinsonScientific evidence concerning the biological causes of bad behavior is becoming increasingly common in the courtroom. Forensic psychiatrists at Vanderbilt University have genetically screened defendants charged with first-degree murder for a gene associated with antisocial personality disorder, for example. And when it came time to sentence convicted murderer Brian Dugan, neuroscientists performed neuroimaging on Dugan's brain in order to claim he has a defective, psychopathic brain.
What would you do if you were faced with such a decision? Imagine you're a juror tasked with the job of recommending a sentence for a criminal found guilty of aggravated battery. The criminal, Jonathan Donahue, went into a Burger King restaurant with the hope of robbing it, then beat the manager so severely that he sustained brain damage. After he was arrested, Donahue seemed to revel in his crime, even going so far as to have a king's crown tattooed on his back.
At the sentencing hearing, a psychiatrist provides expert testimony saying that Donahue is a diagnosed psychopath. She explains that psychopathy is a clinical diagnosis defined by impulsivity, lack of empathy, and lack of remorse. The judge tells you that the standard ...
