Literature DB >> 30591221

Issues pertaining to expert evidence and the reasoning about punishment in a neuroscience-based sentencing appeal.

Allan McCay1, Christopher James Ryan2.   

Abstract

In this paper, we focus on, a significant Australian sentencing appeal in which, after hearing expert evidence pertaining to cognitive function, brain scans, and neuropsychological testing, the Court imposed a less severe sentence than that originally imposed. Our aim is to produce an interdisciplinary critical analysis of the decision, and we approach this by analysing the judicial comments on the evidence pertaining to the offender's mental condition, and the reasoning about punishment. We conclude that the Court's inferences about frontal lobe damage and likely dementia are contestable, and the reasoning about mitigation of punishment based on these questionable inferences could have been improved by a focus on sentencing's retributive aim.
Copyright © 2018 Elsevier Ltd. All rights reserved.

Entities:  

Keywords:  Criminal law; Dementia; Mitigation; Moral agency; Neurolaw; Neuroscience; Punishment; Sentencing

Mesh:

Year:  2018        PMID: 30591221     DOI: 10.1016/j.ijlp.2018.11.006

Source DB:  PubMed          Journal:  Int J Law Psychiatry        ISSN: 0160-2527


  1 in total

1.  The Use of Neuroscience and Psychological Measurement in England's Court of Protection.

Authors:  Andrew McWilliams; Stephen M Fleming; Anthony S David; Gareth Owen
Journal:  Front Psychiatry       Date:  2020-12-07       Impact factor: 4.157

  1 in total

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