Read my review of “Miles Lord” (2017) in Minnesota History Magazine

Although I never met Judge Miles Lord, when he passed on December 10, 2016, I attended his memorial service at Mount Calvary Lutheran Church in Excelsior, Minnesota. The public filled the pews, and his children and grandchildren shared anecdotes from Lord's long and accomplished life. Afterward, when everyone filed into the cafeteria for lunch, admirers … Continue reading Read my review of “Miles Lord” (2017) in Minnesota History Magazine

Advertisements

Once again we are reminded that not every brain develops the same

In the fall 2012, I briefly left the University of Minnesota Morris to do a series of directed studies in Houston, TX. One of these included attending Dr. David Eagleman's "Neuroscience and Law" course at Rice University, which required that we write for the Initiative on Neuroscience and Law's blog. This was originally published September 26, … Continue reading Once again we are reminded that not every brain develops the same

Neuromodulation, Or “Every Science Lab Needs a Philosopher”

If a fundamental question in neurolaw is how the legal system should move forward with the specific brain on trial, then the major role neuroscience can play in the courtroom is in the sentencing process. In fact, after identifying the biology that may have predisposed an individual to criminal behavior, attention must be paid to how sentencing - the rehabilitation process - can effectively be carried out. For example, if it was a malformed frontal lobe that unfairly led an individual to give in to an irresistable impulse, neuroscience plays the dual role of identifying this malformity and how best to correct it. ...

The natural sciences can inform rather than dictate our public policy

In an article titled "Can Neuroscience Challenge Roe v. Wade?" William Egginton, professor in the Humanities at John Hopkins University, cautions us to be careful in how we use the natural sciences to shape public policy. In this case, abortion rights. Egginton writes about attorney Rick Hearn's suits against Idaho's Pain-Capable Unborn Child Protection Act "and others like it that cite neuroscientific findings of pain sentience on the part of fetuses as a basis for prohibiting abortions even prior to viability." The reason for this is because Hearn believes that the government is using results from the natural sciences "as a basis for expanding or contracting the rights of its citizens." The logic goes like this: if it can be proven that fetuses are capable of pain then they are conscious and thus a person deserving of their full rights under the constitution. This clearly has political overtones. ...

Literary Neuroscience as Rehabilitation? (Or, ‘Prevent Crime; Employ English Majors’)

According to neurolaw, a successful and just legal system will be one that concerns itself with the steps moving forward with the specific brain on trial. If our behavior is influenced by our biology and circumstance, it is irreducibly complex to assess a criminal’s culpability in a way that is both satisfying and scientifically-informed. Instead of comparing and judging the sizes of one’s frontal lobe or another part’s propensity for firing (or not firing) certain chemicals while also factoring in one’s upbringing and the effects social institutions can have on our behavior, our legal system should focus on rehabilitation rather than strict punishment. ...

US v. Hendrickson: Sentencing the Addict’s Brain

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.

Voices in Bioethics

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.

Mind DespairAlthough 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…

View original post 383 more words