Reconciling the opposing effects of neurobiological evidence on criminal sentencing judgments. 2019

Corey H Allen, and Karina Vold, and Gidon Felsen, and Jennifer S Blumenthal-Barby, and Eyal Aharoni
Neuroscience Institute, Georgia State University, Atlanta, Georgia, United States of America.

Legal theorists have characterized physical evidence of brain dysfunction as a double-edged sword, wherein the very quality that reduces the defendant's responsibility for his transgression could simultaneously increase motivations to punish him by virtue of his apparently increased dangerousness. However, empirical evidence of this pattern has been elusive, perhaps owing to a heavy reliance on singular measures that fail to distinguish between plural, often competing internal motivations for punishment. The present study employed a test of the theorized double-edge pattern using a novel approach designed to separate such motivations. We asked a large sample of participants (N = 330) to render criminal sentencing judgments under varying conditions of the defendant's mental health status (Healthy, Neurobiological Disorder, Psychological Disorder) and the disorder's treatability (Treatable, Untreatable). As predicted, neurobiological evidence simultaneously elicited shorter prison sentences (i.e., mitigating) and longer terms of involuntary hospitalization (i.e., aggravating) than equivalent psychological evidence. However, these effects were not well explained by motivations to restore treatable defendants to health or to protect society from dangerous persons but instead by deontological motivations pertaining to the defendant's level of deservingness and possible obligation to provide medical care. This is the first study of its kind to quantitatively demonstrate the paradoxical effect of neuroscientific trial evidence and raises implications for how such evidence is presented and evaluated.

UI MeSH Term Description Entries
D007600 Judgment The process of discovering or asserting an objective or intrinsic relation between two objects or concepts; a faculty or power that enables a person to make judgments; the process of bringing to light and asserting the implicit meaning of a concept; a critical evaluation of a person or situation. Judgement,Judgements,Judgments
D008297 Male Males
D008603 Mental Health Emotional, psychological, and social well-being of an individual or group. Mental Hygiene,Health, Mental,Hygiene, Mental
D009446 Neurobiology The study of the structure, growth, activities, and functions of NEURONS and the NERVOUS SYSTEM. Cellular Neurobiology,Molecular Neurobiology,Neurobiology, Cellular,Neurobiology, Molecular
D011330 Prisons Penal institutions, or places of long-term confinement for prisoners. Penitentiaries,Penitentiary,Prison
D011678 Punishment The application of an unpleasant stimulus or penalty for the purpose of eliminating or correcting undesirable behavior. Punishments
D012044 Regression Analysis Procedures for finding the mathematical function which best describes the relationship between a dependent variable and one or more independent variables. In linear regression (see LINEAR MODELS) the relationship is constrained to be a straight line and LEAST-SQUARES ANALYSIS is used to determine the best fit. In logistic regression (see LOGISTIC MODELS) the dependent variable is qualitative rather than continuously variable and LIKELIHOOD FUNCTIONS are used to find the best relationship. In multiple regression, the dependent variable is considered to depend on more than a single independent variable. Regression Diagnostics,Statistical Regression,Analysis, Regression,Analyses, Regression,Diagnostics, Regression,Regression Analyses,Regression, Statistical,Regressions, Statistical,Statistical Regressions
D005260 Female Females
D006760 Hospitalization The confinement of a patient in a hospital. Hospitalizations
D006801 Humans Members of the species Homo sapiens. Homo sapiens,Man (Taxonomy),Human,Man, Modern,Modern Man

Related Publications

Corey H Allen, and Karina Vold, and Gidon Felsen, and Jennifer S Blumenthal-Barby, and Eyal Aharoni
January 2024, Behavioral sciences & the law,
Corey H Allen, and Karina Vold, and Gidon Felsen, and Jennifer S Blumenthal-Barby, and Eyal Aharoni
January 2024, Behavioral sciences & the law,
Corey H Allen, and Karina Vold, and Gidon Felsen, and Jennifer S Blumenthal-Barby, and Eyal Aharoni
March 2013, Journal of interpersonal violence,
Corey H Allen, and Karina Vold, and Gidon Felsen, and Jennifer S Blumenthal-Barby, and Eyal Aharoni
February 2011, BMJ (Clinical research ed.),
Corey H Allen, and Karina Vold, and Gidon Felsen, and Jennifer S Blumenthal-Barby, and Eyal Aharoni
January 2016, Annual review of clinical psychology,
Corey H Allen, and Karina Vold, and Gidon Felsen, and Jennifer S Blumenthal-Barby, and Eyal Aharoni
February 2022, Child abuse & neglect,
Corey H Allen, and Karina Vold, and Gidon Felsen, and Jennifer S Blumenthal-Barby, and Eyal Aharoni
September 2017, Scientific reports,
Corey H Allen, and Karina Vold, and Gidon Felsen, and Jennifer S Blumenthal-Barby, and Eyal Aharoni
January 2008, The Sociological quarterly,
Corey H Allen, and Karina Vold, and Gidon Felsen, and Jennifer S Blumenthal-Barby, and Eyal Aharoni
January 1990, American journal of law & medicine,
Corey H Allen, and Karina Vold, and Gidon Felsen, and Jennifer S Blumenthal-Barby, and Eyal Aharoni
August 2015, Psychological science,
Copied contents to your clipboard!