Recently I’ve become a staff writer for Columbia University’s “Voices in Bioethics.” Here’s my debut article on US v. Hendrickson, a recent district court sentencing opinion that draws upon neuroscience. In it Judge Bennett cites the work of my boss, Dr. David Eagleman.
by Joshua Preston •
If there was any doubt whether bioethics scholarship was impacting the legal system, District Judge Mark W. Bennett’s recent sentencing opinion in US v. Hendrickson (2014) removed it. Referencing society’s evolving view of addiction and disease, he noted that “advances in science continue to outpace advances in law” and that even though addiction is no longer regarded as a moral failing but rather an illness:
the law still responds to drug abusers with punitive force, rather than preventative or therapeutic treatment. It is therefore unsurprising that, since 1980, the number of federal prisoners serving drug-related sentences has skyrocketed.
Although the medical community recognizes that addiction affects a victim’s judgment and behavior, Judge Bennett wrote that, within the legal community, there is no consensus whether courts should treat it as a mitigating circumstance. Instead, some judges insist it is mitigating only when it falls outside convention…
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