Pros And Cons To The Criminal Justice System

Recommendation At the moment, no action should be taken to change the current justice system because there is not enough information regarding neurolaw to make serious adjustments. This entire issue of whether or not brain scans should be used to indicate and prosecute criminal behavior is all heavily dependent on why people are prosecuted at all. While some believe in utilitarian justice, where punishments are used in an effort to prevent recidivism, others may believe in retributive justice, where criminals are punished to face the consequences of their actions (Andrew). In prosecuting people whose moral judgment may be inhibited by brain abnormalities, it seems unjust to sentence a defendant who is unaware of their wrongdoings. However, it also …show more content…
He states that even though alcoholism is known to inhibit brain function, it does not justify the fact that a drunk driver should not be held culpable for killing someone ("Can Genes And Brain Abnormalities Create Killers?"). Ericson points out the extent to which people can use brain disinhibition to combat their responsibility to their crime. In reality, every one has a relatively different brain; therefore, they can argue that any slight difference in the structure or function on a brain scan could be used to question the culpability of the defender. The criminal justice system must establish what types of brain deformities would be considered to inhibit a defendants moral justifications. Additionally, when brain scans are presented in a trial, the jury could look at the evidence in two ways: the defendant is held less accountable and, therefore, can have a lesser sentence or the defendant is a danger to society because he or she has no control of his or her actions. The justice system needs to establish clear laws as to how and to what extent brain scans in the insanity defense should be used before implementing