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Welcome to the nexus of ethics, psychology, morality, technology, health care, and philosophy
Showing posts with label Criminal Responsibility. Show all posts
Showing posts with label Criminal Responsibility. Show all posts

Monday, January 15, 2018

Lesion network localization of criminal behavior

R. Ryan Darby Andreas Horn, Fiery Cushman, and Michael D. Fox
The Proceedings of the National Academy of Sciences

Abstract

Following brain lesions, previously normal patients sometimes exhibit criminal behavior. Although rare, these cases can lend unique insight into the neurobiological substrate of criminality. Here we present a systematic mapping of lesions with known temporal association to criminal behavior, identifying 17 lesion cases. The lesion sites were spatially heterogeneous, including the medial prefrontal cortex, orbitofrontal cortex, and different locations within the bilateral temporal lobes. No single brain region was damaged in all cases. Because lesion-induced symptoms can come from sites connected to the lesion location and not just the lesion location itself, we also identified brain regions functionally connected to each lesion location. This technique, termed lesion network mapping, has recently identified regions involved in symptom generation across a variety of lesion-induced disorders. All lesions were functionally connected to the same network of brain regions. This criminality-associated connectivity pattern was unique compared with lesions causing four other neuropsychiatric syndromes. This network includes regions involved in morality, value-based decision making, and theory of mind, but not regions involved in cognitive control or empathy. Finally, we replicated our results in a separate cohort of 23 cases in which a temporal relationship between brain lesions and criminal behavior was implied but not definitive. Our results suggest that lesions in criminals occur in different brain locations but localize to a unique resting state network, providing insight into the neurobiology of criminal behavior.

Significance

Cases like that of Charles Whitman, who murdered 16 people after growth of a brain tumor, have sparked debate about why some brain lesions, but not others, might lead to criminal behavior. Here we systematically characterize such lesions and compare them with lesions that cause other symptoms. We find that lesions in multiple different brain areas are associated with criminal behavior. However, these lesions all fall within a unique functionally connected brain network involved in moral decision making. Furthermore, connectivity to competing brain networks predicts the abnormal moral decisions observed in these patients. These results provide insight into why some brain lesions, but not others, might predispose to criminal behavior, with potential neuroscience, medical, and legal implications.

The article is here.

Sunday, January 14, 2018

The Criminalization of Compliance

Todd Haugh
92 Notre Dame L. Rev. 1215 (2017).

Abstract

Corporate compliance is becoming increasingly “criminalized.” What began as a means of industry self-regulation has morphed into a multi-billion-dollar effort to avoid government intervention in business, specifically criminal and quasi-criminal investigations and prosecutions. In order to avoid application of the criminal law, companies have adopted compliance programs that are motivated by and mimic that law, using the precepts of criminal legislation, enforcement, and adjudication to advance their compliance goals. This approach to compliance is inherently flawed, however—it can never be fully effective in abating corporate wrongdoing. Criminalized compliance regimes are inherently ineffective because they impose unintended behavioral consequences on corporate employees. Employees subject to criminalized compliance have greater opportunities to rationalize their future unethical or illegal behavior. Rationalizations are a key component in the psychological process necessary for the commission of corporate crime—they allow offenders to square their self-perception as “good people” with the illegal behavior they are contemplating, thereby allowing the behavior to go forward. Criminalized compliance regimes fuel these rationalizations, and in turn, bad corporate conduct. By importing into the corporation many of the criminal law’s delegitimizing features, criminalized compliance creates space for rationalizations, facilitating the necessary precursors to the commission of white collar and corporate crime. The result is that many compliance programs, by mimicking the criminal law in hopes of reducing employee misconduct, are actually fostering it. This insight, which offers a new way of conceptualizing corporate compliance, explains the ineffectiveness of many compliance programs and also suggests how companies might go about fixing them.

The article is here.

Wednesday, December 20, 2017

Can psychopathic offenders discern moral wrongs? A new look at the moral/conventional distinction.

Aharoni, E., Sinnott-Armstrong, W., & Kiehl, K. A.
Journal of Abnormal Psychology, 121(2), 484-497. (2012)

Abstract

A prominent view of psychopathic moral reasoning suggests that psychopathic individuals cannot properly distinguish between moral wrongs and other types of wrongs. The present study evaluated this view by examining the extent to which 109 incarcerated offenders with varying degrees of psychopathy could distinguish between moral and conventional transgressions relative to each other and to nonincarcerated healthy controls. Using a modified version of the classic Moral/Conventional Transgressions task that uses a forced-choice format to minimize strategic responding, the present study found that total psychopathy score did not predict performance on the task. Task performance was explained by some individual subfacets of psychopathy and by other variables unrelated to psychopathy, such as IQ. The authors conclude that, contrary to earlier claims, insufficient data exist to infer that psychopathic individuals cannot know what is morally wrong.

The article is here.

Friday, March 4, 2016

Does the desire to punish have any place in modern justice?

By Neil Levy
Aeon Magazine
Originally published February 19, 2016

Human beings are a punitive species. Perhaps because we are social animals, and require the cooperation of others to achieve our goals, we are strongly disposed to punish those who take advantage of us. Those who ‘free-ride’, taking benefits to which they are not entitled, are subject to exclusion, the imposition of fines or harsher penalties. Wrongdoing arouses strong emotions in us, whether it is done to us, or to others. Our indignation and resentment have fueled a dizzying variety of punitive practices – ostracism, branding, beheading, quartering, fining, and very many more. The details vary from place to place and time to culture but punishment has been a human universal, because it has been in our evolutionary interests. However, those evolutionary impulses are crude guides to how we should deal with offenders in contemporary society.

Our moral emotions fuel our impulses toward retribution. Retributivists believe that people should be punished because that’s what they deserve. Retributivism is not the only justification for punishment, of course.

The article is here.

Friday, January 8, 2016

Less Blame, Less Crime? The Practical Implications of Moral Responsibility Skepticism

By Neil Levy
Journal of Practical Ethics
Volume 3 Issue 2. December 2015

Abstract

Most philosophers believe that wrongdoers sometimes deserve to be punished by long prison sentences. They also believe that such punishments are justified by their consequences: they deter crime and incapacitate potential offenders. In this article, I argue that both these claims are false. No one deserves to be punished, I argue, because our actions are shot through with direct or indirect luck. I also argue that there are good reasons to think that punishing fewer people and much less harshly will have better social consequences, at a reduced overall cost, then the long prison sentences that are usually seen as required for social protection.

The article is here.

Saturday, January 2, 2016

CIA Torture is Unfinished Business

By Human Rights Watch
Posted December 1, 2015

Obama administration claims that legal obstacles prevent criminal investigations into torture by the Central Intelligence Agency (CIA) are unpersuasive, and risk leaving a legacy of torture as a policy option, Human Rights Watch said in a report released today. Sufficient evidence exists for the attorney general to order criminal investigations of senior United States officials and others involved in the post-September 11 CIA program for torture, conspiracy to torture, and other crimes under US law.

The 153-page report, “No More Excuses: A Roadmap to Justice for CIA Torture,” sets out evidence to support the main criminal charges that can be brought against those responsible for state-sanctioned torture, and challenges claims that prosecutions are not legally possible. The report also outlines US legal obligations to provide redress to victims of torture, and steps the US should take to do so. It also details actions that other countries should take to pursue criminal investigations into CIA torture.

The post is here.

Thursday, October 29, 2015

CIA torture survivors sue psychologists who designed infamous program

By Spencer Ackerman
The Guardian
Originally published October 13, 2015

Survivors of CIA torture have sued the contractor psychologists who designed one of the most infamous programs of the post-9/11 era.

In an extraordinary step, psychologists James Mitchell and Bruce Jessen now face a federal lawsuit for their role in convincing the CIA to subject terror suspects to mock drowning, painful bodily contortions, sleep and dietary deprivation and other methods long rejected by much of the world as torture.

In practice, CIA torture meant disappearances, mock executions, anal penetration performed under cover of “rehydration” and at least one man who froze to death, according to a landmark Senate report last year. Versions of the techniques migrated from the CIA’s undocumented prisons, known as black sites, to US military usage at Guantánamo Bay, Bagram Airfield in Afghanistan and Abu Ghraib in Iraq.

The entire article is here.

Sunday, September 20, 2015

Tuesday, August 11, 2015

Free Will Skepticism and Criminal Behavior: A Public Health-Quarantine Model

Gregg D. Caruso
[Draft 6/11/2015]
[Cite final version: Southwest Philosophy Review 2016, 32 (1)]

One of the most frequently voiced criticisms of free will skepticism is that it is unable to
adequately deal with criminal behavior and that the responses it would permit as justified are
insufficient for acceptable social policy. This concern is fueled by two factors. The first is that
one of the most prominent justifications for punishing criminals, retributivism, is incompatible
with free will skepticism. The second concern is that alternative justifications that are not ruled
out by the skeptical view per se face significant independent moral objections (Pereboom 2014,
153). Yet despite these concerns, I maintain that free will skepticism leaves intact other ways to
respond to criminal behavior—in particular preventive detention, rehabilitation, and alteration of
relevant social conditions—and that these methods are both morally justifiable and sufficient for
good social policy. The position I defend is similar to Derk Pereboom’s (2001, 2013, 2014),
taking as its starting point his quarantine analogy, but it sets out to develop the quarantine model
within a broader justificatory framework drawn from public health ethics. The resulting model—
which I call the public health-quarantine model—provides a framework for justifying quarantine
and criminal sanctions that is more humane than retributivism and preferable to other nonretributive
alternatives. It also provides a broader approach to criminal behavior than Pereboom’s
quarantine analogy does on its own.

The entire paper is here.

Friday, July 10, 2015

Against a singular understanding of legal capacity: Criminal responsibility and the Convention on the Rights of Persons with Disabilities

By Jullian Craigie
International Journal of Law and Psychiatry
Volume 40, May–June 2015, Pages 6–14

Abstract

The United Nations Convention on the Rights of Persons with Disabilities (CRPD) is being used to argue for wider recognition of the legal capacity of people with mental disabilities. This raises a question about the implications of the Convention for attributions of criminal responsibility. The present paper works towards an answer by analysing the relationship between legal capacity in relation to personal decisions and criminal acts. Its central argument is that because moral and political considerations play an essential role in setting the relevant standards, legal capacity in the context of personal decisions and criminal acts should not be thought of as two sides of the same coin. The implications of particular moral or political norms are likely to be different in these two legal contexts, and this may justify asymmetries in the relevant standards for legal capacity. However, the analysis highlights a fundamental question about how much weight moral or political considerations should be given in setting these standards, and this is used to frame a challenge to those calling for significantly wider recognition of the legal capacity of people with mental disabilities on the basis of the Convention.

The entire article is here.