Although it is unlikely that rDLPFC will enter the textbooks as the seat of the law in the brain, this intriguing new study by Buckholtz underscores the role of this region in high-level cognitive processes in general, and judgment and decision-making in particular. More specifically, it illustrates that third-person judgment situations, such as those used in their study, may rely on similar neural mechanisms as two-person economic and social exchanges, and highlights rDLPFC as a candidate for the neural suppression of impulsive reactions in these situations. So, should you punish John for the murder, despite his brain tumor? Of course! says your gut. Not so fast, says your rDLPFC.
Are you a scientist? Have you recently read a peer-reviewed paper that you want to write about? Then contact Mind Matters editor Jonah Lehrer, the science writer behind the blog The Frontal Cortex and the book Proust Was a Neuroscientist. His next book, How We Decide, will be available in February 2009.
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2 Comments
Add CommentInsanity is a general defence under criminal law.If the medical fraternity can prove that certain medical conditions affecting the brain are causing insanity, however temporary, I think,it my be a mitigating circumstance in sentencing/acquittal of a person.
Reply | Report Abuse | Link to thisIf it can be proven that a brain that chemicals in the brain do not function fully in decision making and morally based situations then an individual should not be fully accountable for his or her actions. It is unethical to hold someone accountable for their actions when they do not have full control or full awareness of their functions and thoughts. Furthermore, it is not fair to say that using a medical condition is merely an excuse for committing a crime. Committing a crime while suffering from a mental illness should not invalidate the wrong doings or detrimental consequences of the crime, but it should be taken into account that the punishment for such a person should be significantly less severe. This article is in support mentally handicapped people from being prosecuted unfairly in court. Ultimately if a person considers a mentally disabled person fully accountable for their actions they are being ignorant of the scientific facts and studies presented in this article and immune to the sensitivity of others.
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