“In the Wasteland of Your Mind”: Criminology, Scientific Discoveries and the Criminal Process

• In Event: The Impact of the Type and Strength of Evidence on Sentencing Decisions

Abstract

Scientific principles greatly influence criminology, the legal system, and the way we view criminal behavior. This paper examines the potential impact of increased understanding of the biology of human behavior on criminal sentencing, which now potentially includes scientific evidence, such as brain imaging, presented as a mitigating factor to punishment. If used properly, this evidence may help to provide an objective set of factors that help explain an individual’s particular offending patterns. However, it can become problematic if the law relies too heavily on untested theories. Scientific discovery moves faster than the law, making it especially important that the risk of allowing “junk science” to influence how a defendant is treated be avoided. We first examine criminal sentencing procedures, and discuss how a criminological view of a defendant’s offending behavior can work to mitigate harsh sentences. Then we review recent work on the biological bases of certain criminal behaviors and the use of brain imaging. Finally, we discuss what we believe to be the proper uses at sentencing for this type of evidence (incorporating insights from the multidisciplinary study of therapeutic jurisprudence), and offer recommendations for ensuring scientific evidence is introduced appropriately in the legal system.

Authors

• Michael Louis Perlin, New York Law School

• Alison Julia Lynch, Disability Rights New Jersey