Neuroimaging and Free Will: A Partial Test of Devine’s “Director’s Cut” Theory of Jury Decision-Making

• In Event: Theoretical Debates and Dimensions of Punishment

Abstract

While neurobiological evidence was at first met with hesitancy, it is now met with curiosity by researchers to determine its effects in criminal courts and jury trials. Thus far, researchers have not found neurobiological evidence to be overwhelmingly persuasive, although it is typically introduced by the defense and some limited research indicates that there may be a slight mitigating effect. The present study seeks to use neurobiological evidence to evaluate perceived responsibility, perceptions of the defendant, and verdict outcomes in capital punishment trials. Further, this study partially tests Dennis J. Devine’s ‘Director’s Cut’ Integrative Multi-Level Theory of jury decision-making. The data was collected in 2020 and includes 276 death-qualified, jury-eligible participants and was analyzed through RStudio Software. Results suggest that perceptions of the defendant are the most influential factor in post-trial story status and that biological evidence may not severely mitigate or aggravate the jury’s verdict and sentencing decisions. Implications of this work will be discussed.

Author

• Madison Baczuk, Rutgers University