As explorations into science and technology continue to change the world around us, the ways we consider and implement crime prevention will inevitably continue to change as well. Recent advances, namely in the field of neuroscience, are already raising questions and concerns about how to recognize and deal with criminal behavior. As previously discussed on this blog, that particular field has the potential to revolutionize our entire criminal justice system. Already, neuroscientists have testified in countless court cases across the country, primarily in capital cases, regarding the mental competency of alleged criminals. However, I hope (and believe) that we are still a few years away from making any really crucial ethical decisions on how, exactly, this new knowledge and technology will affect the judicial system. Still, in the meantime, we should pay careful attention to neuroscience and try to understand its implications.
A recent article from the New York Times explains in detail how some newer types of scans can actually decipher an individual’s thoughts by monitoring activity in different areas of the human brain. It also describes how some of these processes could potentially be used in the future to choose a jury that is supposedly free of bias, to either incriminate or pardon criminals, or even to predict future criminal behavior.
The accuracy of these tests is stunning, and the facts are mounting to make a solid argument that people are not always in control of their actions. Some brain scans could conceivably convince a judge and jury that a criminal defendant was driven to commit criminal acts simply because a certain area of their brain has been damaged or does not function properly. But some warn that these new tests are not enough to excuse criminal behavior, and that drawing a line based on brain-scanning technology is a dangerous road to take. In the Times article, Stephen J. Morse, professor of law and psychiatry at the University of Pennsylvania, was quoted as saying,
“Causation cannot be an excuse for someone who believes that responsibility is possible. Since all behavior is caused, that would mean all behavior has to be excused . . . . Some people are angry because they had bad mommies and daddies and others because their amygdalas [part of the brain] are mucked up. The question is: When should anger be an excusing condition?”
Regardless of the future, this technology is here and now. Scientists in Germany have also recently made great progress in neuroscience technology, and the field will only continue to grow. Inevitably, the fields of crime prevention and criminal justice will be affected in one way or another. But there is much more we need to learn about the human brain before we can make any rational and truly educated decisions.



