The Illusion of Free Will and What it Means for the Justice System

Excellent quote from a really good article by David Eagleman:

Instead of debating culpability, we should focus on what to do, moving forward, with an accused lawbreaker. I suggest that the legal system has to become forward-looking, primarily because it can no longer hope to do otherwise. As science complicates the question of culpability, our legal and social policy will need to shift toward a different set of questions: How is a person likely to behave in the future? Are criminal actions likely to be repeated? Can this person be helped toward pro-social behavior? How can incentives be realistically structured to deter crime?

The important change will be in the way we respond to the vast range of criminal acts. Biological explanation will not exculpate criminals; we will still remove from the streets lawbreakers who prove overaggressive, underempathetic, and poor at controlling their impulses. Consider, for example, that the majority of known serial killers were abused as children. Does this make them less blameworthy? Who cares? It’s the wrong question. The knowledge that they were abused encourages us to support social programs to prevent child abuse, but it does nothing to change the way we deal with the particular serial murderer standing in front of the bench. We still need to keep him off the streets, irrespective of his past misfortunes. The child abuse cannot serve as an excuse to let him go; the judge must keep society safe.

Or put more simply: how can our justice system be slightly less stupid and broken.

Defraud More Victims, Get Less Time

Loran Nordgren and Mary McDonnell wanted to see whether our perception of the severity of a crime was affected by the number of people affected. 60 students were given a vignette to read about a case of fraud, where either 3 people or 30 people were defrauded by a financial advisor, but all the other information in the story was kept the same.

In an ideal world, you’d imagine that someone who harmed more people would deserve a harsher treatment. Participants were asked to evaluate the severity of the crime, and recommend a punishment: even though fewer people were affected, participants who read the story with only 3 victims rated the crime as more serious than those who read the exact same story, but with 30 victims.