Should those with neurological and genetic disorders be treated differently by t
ID: 3497828 • Letter: S
Question
Should those with neurological and genetic disorders be treated differently by the legal system because of their disorders? If we created a society free of genetic disorder through gene therapy and control, how would that effect the operation of the criminal justice system? Would that remove the defenses based upon biological predisposition to crime? Use scholarly resources to support your explanations.Should those with neurological and genetic disorders be treated differently by the legal system because of their disorders? If we created a society free of genetic disorder through gene therapy and control, how would that effect the operation of the criminal justice system? Would that remove the defenses based upon biological predisposition to crime? Use scholarly resources to support your explanations.
Should those with neurological and genetic disorders be treated differently by the legal system because of their disorders? If we created a society free of genetic disorder through gene therapy and control, how would that effect the operation of the criminal justice system? Would that remove the defenses based upon biological predisposition to crime? Use scholarly resources to support your explanations.
Explanation / Answer
With further advances in our understanding of mental illness there are a number of things between neuroscience and legal ethics. This crossover poses a major dilemma for society, the question of how much personal control we have over our own brains and whether or not we can be held entirely responsible for our actions? Must all mass-murderers be, to some extent, mentally ill since they fall so far outside a ‘normal’ moral spectrum? Are we less accountable for our actions and decisions since our brains’ functions are a product of our biology and social influences?
There has been a lot of research investigating how people perceive neurological or psychological evidence. In some cases medical evidence was provided proving the defendant had suffered brain damage, while in other cases the results of psychological analysis was given showing various types of personality disorder. This research found that around 50% of the defendant has suffered physical brain injury or neurological disease, especially if this is backed up by a brain scan. However, only about 10-12% find virtual defendants with a personality disorder or psychopathy.
Also more than half the reported prisoners who commit suicide in prison exhibit symptoms of mental health problems on entering prison. Whether or not these mental health issues preceded or even contributed to their crime is unknown (and I can’t say how one would ever prove that beyond reasonable doubt), but I think that this has huge implications for the prison system. Seeing as people outside prison with mental illnesses are treated as patients rather than criminals, I think the government should focus on treating and rehabilitating, rather than punishing, prisoners who have been incarcerated on their brain’s behalf.