Can’t Be Held Responsible
Perhaps the most obvious impact of this paradigm shift will be on our judicial system, in which the notions of free will and responsibility form an integral component. Currently, in order to be found guilty, a criminal must be considered responsible for his actions; otherwise, he can be found not guilty by reason of insanity. Cashmore disagrees with these rules, noting that psychiatric research is finding its way more and more into the courts and causing time-wasting debates. (For example, is alcoholism a disease? Are sex crimes an addiction?)
“Where is the logic in debating an individual’s level of responsibility, when the reality is that none of us are biologically responsible for our actions?" he said.
Cashmore proposes a change, based on “the elimination of the illogical concept that individuals are in control of their behavior in a manner that is something other than a reflection of their genetic makeup and their environmental history.”
He says that psychiatrists and other experts on human behavior should not be involved in initial judicial proceedings. The jury should simply determine whether or not a defendant is guilty of committing a crime, and not be concerned with mental issues. Then, if the defendant is found guilty, a court-appointed panel of experts would advise on the most appropriate punishment and treatment. Cashmore argues that, even though individuals are not biologically responsible for their actions, in order to minimize criminal activity, people should still be held accountable, and be punished when necessary. Such punishment is rationalized on the grounds that it will serve as an incentive (an environmental influence) not to participate in criminal behavior.
“Here I introduce the practice of ‘I am sorry about this but I am going to have to beat you,’” Cashmore said. “This punishment is rationalized in the sense that it serves as a lesson to individuals not to break the law. So people would be held accountable for their actions, even though they are not ‘biologically responsible’ for such actions. This punishment may involve fines or placing people in prison. Such punishment should not reflect any sense of retribution, and given this I do not personally see how one could continue to impose the death penalty - the alleged effectiveness of such a penalty presumably being far outweighed by its unfairness. The exact way in which one balances the presumptive requirement for punishment, and the lack of biological responsibility, would indeed be difficult, and would require much discussion within the legal system and society as a whole.”
He said that tailoring punishment on an individual basis is presently done, at least to some extent.
“Why is it important to make a change? Because increasingly the legal system is being forced to confront the reality that people’s behavior is governed by nothing other than their biological history: their genes, their environment and a degree of stochasticism (if you wish, a degree of chance). The legal system is increasingly seen to be a farce, with lawyers spending endless time and money debating this nonsensical question of how responsible or not their clients are. Why nonsensical? Because no one is biologically responsible for their actions. As Francis Crick said, ‘Dream as we may, reality knocks relentlessly at the door.’ And as a result of the rapid and ongoing progress in neuroscience, the reality that individual behavior is governed by one’s genetic and environmental history is becoming increasingly apparent.”


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