Neuroscience and the Future of the Insanity Defense

The concept of the insanity defense dates back to ancient Greece and the Roman Empire. The idea has always been the same: Protect individuals from being held accountable for behavior they couldn’t control. Yet there have been more than a few historical and recent instances of a judge or jury issuing a controversial “by reason of…” verdict. What was intended as a human rights effort has become a last-ditch way to save killers (though it didn’t work for James Holmes). The question that hangs in the air at these sort of proceedings has always been the same: Is there a way to make determinations more scientific and less traditionally judicial? Adam Shniderman, a criminal justice researcher at Texas Christian University, has been studying the role of neuroscience in the court…


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