The Brain Explained 5: Crime on the Brain?

The fifth and final part of our Brain Explained series (the previous instalments being Inside the Brain, Researching the Brain, The Brain and the Environment and Food for Thought) looks at recent developments in the criminal justice system, particularly in America but increasingly in the UK, focused on the concept of “neurolaw” – the point at which there is an interaction between neuroscience and legal practice.

This may involve, for example, defence teams using neurological evidence to show that although their clients weren’t insane and knew what they were doing, damage to their brains deprived them of the free will to make a rational, considered, choice. This, so the argument goes, should be taken into account in in relation to both verdicts – the difference between, for example, murder and manslaughter – and in sentencing. In the latter case in America this can make the difference as to whether the death penalty is applied.

The film considers three aspects of neurolaw, acquired brain damage, traumatic childhood experiences and genetic predispositions to violence. Each of these is outlined, illustrated using an actual legal case and discussed by Dr. Guy Sutton.

The film concludes with a short evaluation of the general idea of neurolaw and its implications for the future.

Crime on the Brain is available to both own outright and as a 7-day rental.