New Issue: Orbital Catastrophe Ahead? Read Now

Judge and Jury in the Brain

A study in the journal Neuron finds that an area of the brain associated with reasoning comes into play in deciding guilt or innocence, but an emotional region gets involved in sentencing. Karen Hopkin reports. For more info, check out the November 27th, 2007, episode of Science Talk at SciAm.com/podcast

Illustration of a Bohr atom model spinning around the words Science Quickly with various science and medicine related icons around the text

Join Our Community of Science Lovers!

[The following is an exact transcript of this podcast.]

[Judge’s voice: Members of the jury, do you have a verdict?]

When it comes to making decisions about innocence and guilt, the human brain acts as both judge and jury. Now a study published in the journal Neuron shows that, just like in the courtroom, the brain’s judge and jury sit in separate places.

When someone’s put on trial, two types of decisions have to be made. First, is the person guilty? And second, what punishment, if any, does that person deserve? Scientists at Vanderbilt University got to wondering how the brain actually makes those two different decisions. So they used functional MRI to monitor the brain activity of subjects as they read about various crimes, and decided how severely the perpetrators should be punished, or whether they should be punished at all.

What the researchers found is that a brain region involved in analytical thought was most active when the subject was deciding whether the perpetrator was actually guilty. But a different area, one more in tune with emotion, weighed in on how to make the punishment fit the crime. The study was funded by the MacArthur Foundation Project on Law and Neuroscience, and it suggests that when it comes to crime and punishment, we may be impartial but we’re not without passion.

—Karen Hopkin

Announcer: For more on the MacArthur Foundation’s Law and Neuroscience Project, check out the November 27th, 2007, episode of Science Talk, the weekly podcast of Scientific American, at SciAm.com/podcast 


On supporting science journalism

If you're enjoying this article, consider supporting our award-winning journalism by subscribing. By purchasing a subscription you are helping to ensure the future of impactful stories about the discoveries and ideas shaping our world today.


60-Second Science is a daily podcast. Subscribe to this Podcast:

RSS | iTunes 

Subscribe to Support Independent Journalism

Great science journalism requires human expertise, time, effort and creativity. And it costs money. That’s why I and the journalists here at Scientific American hope you’ll join our community.

When you subscribe, you are supporting staff and freelance journalists who are passionate about telling science stories that are true, important and compelling. Our editors and reporters are often experts in their fields, which means they understand the nuances of big discoveries and can untangle the breakthroughs from the hype. With a subscription, you are also supporting rigorous fact-checking to ensure the words we publish are precise and accurate. And you’re supporting original illustrations, graphics and photos that bring you closer to an advanced laboratory, an ice sheet in Antarctica or a space mission in orbit. You’re helping us craft other types of high-quality journalism as well: Our newsletters are carefully written, edited and curated by staffers you have or will come to know and love. Our Science Quickly podcast is based on original reporting, collaboration with editors and scientists and exacting production.

Subscriptions keep this engine running so we can continue to deliver thoughtful, rigorous and independent science journalism to you. In an era of viral misinformation, this work is crucial. If you value what we do, I hope you’ll consider joining us as a subscriber

Thank you,

Jeanna Bryner, Editor in Chief, Scientific American

Subscribe