Presentation Transcript

1. NEUROCRIMINOLOGY: FREE WILL, NEUROSCIENCE AND THE ASSAULT ON CRIMINAL JUSTICE

   DR. MICHAEL A. DAVIS AJS PROGRAM DIRECTOR, YAVAPAI COLLEGE
2. Classic Free Will “’Free Will’ is a philosophical term of art for a particular sort of capacity of rational agents to choose a course of action from among various alternatives…. Most philosophers suppose that the concept of free will is very closely connected to the concept of moral responsibility… But the significance of free will is not exhausted by its connection to moral responsibility. Free will also appears to be a condition of desert for one's accomplishments…; on the autonomy and dignity of persons; and on the value we accord to love and friendship.” Standard Encyclopedia of Philosophy
3. Consciousness Observing Consciousness Our immediate problem is that we are using the very tool we are trying to explain! Consciousness operates in a linear, 4 Dimensional Model and reality appears to be multi-dimensional (String Theory). Too esoteric? Do we need to explain it, or can we just assume it?
4. The Quantum Enigma “It is not possible to formulate the laws of quantum mechanics in a fully consistent way without reference to the consciousness.’ Nobel Laureate Eugene Wigner “This [uncertainty principle] seems to deny the existence of a physically real world independent of our observation of it.” Rosenblum & Kuttner, Quantum Enigma
5. What is Consciousness? No accepted theory: we don’t know what it is, how it arises, or how it functions! Enormous implications for education, law, existence The Two Extremes: Metaphysics: Cosmic consciousness or the “Mind of God” Determinism: consciousness arises from chemical and electrical activity within the brain (New Consciousness Project Just announced)
6. Determinism “…you, your joys and your sorrows, your memories and your ambitions, your sense of personal identity and free will, are in fact no more than the behavior of a vast assembly of nerve cells and associated molecules.” Francis Crick, Winner, Nobel Prize in Physiology or Medicine, 1962 “You are your synapses. They are who you are.” Neuroscientist Joseph LeDoux
7. Legal Problem with Determinism “To say that human behavior is determined is to claim that it is completely caused by previous events in the brain…. [T]hat, in a sense, our behavior is the result of a mathematical process.” “If the [chemical] interactions in my brain, over which I have neither knowledge or control, determine what I will decide, then any decision I make is not free.” Sternberg, My Brain Made Me Do It
8. Compatabilism Theory that we have free will even though our thoughts are determined by our brains. Free will is defined as having choices, the ability to have acted differently if you so choose. Intended as a mid-point between determinism and classic notions of free will. http://youtu.be/_lFEaWlK5pA
9. Emergent Properties The notion that complex systems can arise from a multitude of simple interactions, or the “sum is greater than its parts.” Thus, consciousness arises from the interactions of 100 billion neurons, each with 1000 neural connections. Basis for move toward creation of artificial consciousness through super-computers. Cray’s Titan Supercomputer has 17.59 quadrillion operations per second. (Only a little over 1% of the computing power of a human brain.)
10. Issues Determinism does not account for the universal sense of “self,” an inner life, subjective experience, the ego, “me” (the “hard” problem of consciousness). Nor can it explain moral reasoning, which lies outside of predictable, mathematical models. Neurological correlates in the brain don’t explain consciousness: correlation is not causation. Quantum Physics to the rescue!
11. Orch-OR Orchestrated Objective Reduction Collaboration by Sir Roger Penrose and Dr. Stuart Hameroff Postulates that consciousness cannot be described by theories of computation Believed to be a quantum entanglement state arising in the microtubules Random?
12. Which Happens First? Thought or willful action? 1. Readiness potential(spike in brain electrical activity) occurs 800 milliseconds prior to movement. 2. Benjamin Libet in 1980’s showed conscious decision to move comes 350 milliseconds AFTER readiness potential occurs. 3. Conscious will does not cause our movements! 4. what about heart and gut “mind?” 5. Whose mind is it? The Mind of God? Determinism?
13. Crazy? Brain Scans Can Reveal Your Decisions 7 Seconds Before You “Decide!” “In a kind of spooky experiment, scientists at the Max Planck Institute for Human Cognitive and Brain Sciences reveal that our decisions are made seconds before we become aware of them.” http://www.youtube.com/watch?v=CmT-aFvRHKY&feature=share&list=PLxm8CI2QrHHpTwmPsj05vESIy9UU2NkVn
14. Does Free Will Exist? Based on what you have just learned, what do you think? 1. Determinism seems to fall short of explaining the hard question –sense of self. 2. Unconscious factors have great deal of support in Psychiatry and Sociology. 3. What is your take on the brain scans? 4. Does compatabilism save the day? What are implications for moral agency, individual responsibility, law and punishment?
15. Implications for Criminal Justice “Free will does not exist in our minds alone – it is also a social institution. The assumption that something like free agency exists, and the fact that we treat each other as autonomous agents, are concepts fundamental to our legal system and the rules governing our societies – rules built on the notions of responsibility, accountability, and guilt.” Metzinger, The Ego Tunnel
16. Science vs. Law What if Determinists are right! If no Free Will then no culpability. Does this leave only incapacitation and rehabilitation as justifications for the penal system? Will retribution die easily? Isn’t the legal system choosing among competing scientific and philosophical notions? Can society handle the “truth?” Can you?
17. Murderous Brains Violent offenders have structural differences in their brains and brain function as revealed by brain scans. “Reactive” or emotional murderers have reduced activity in the prefrontal cortex (reasoning centers). “Proactive” or predatory murderers have increased function in the prefrontal cortex, allowing for skillful lying and manipulation. Correlation is not causation, but these are predisposing factors that, coupled with genetics and social factors, can be predictive of violence/anti-social behavior.
18. Heredity or Environment? Genetics and Social Factors (poverty, emotional and sexual abuse, lack of attachment to mother, neighborhood/peer group, etc.) have a 50/50 correlation Epigenetics – social factors stimulate expression of genes and may even alter genes themselves Theseepigenetic expressions cause measurable biological changes in the brain Brain changes = predisposition
19. Brain Scans Brain Scans are a relatively recent use of a variety of technologies to peer under our skull. They can reveal structural issues in size and density and shape of the brain ( MRI -Magnetic Resonance Imaging, CT Scans -Computed Axial Tomography, DTI – Diffusion Tensor Imaging)
20. Brain Scans, continued Brain Scans can also reveal functional differences within the brain involving blood flow and electrical/nerve activity (EEG- electroencephalograph, MEG - magnetoencephalograph, fMRI – functional MRI, PET – positron emission tomography, SPECT – single photon emission computed tomography, etc.) Computerized analysis of ERP – event-related potentials (neurons responding collectively) Controversial – still subject to interpretation
21. Reactive or Emotional Murderers These are murderers who act out of impulse or emotional stress, without planning or purpose (classic crime of passion). They have reduced functioning in the Prefrontal Cortex. The prefrontal cortex is the reasoning center of the brain and also the center for executive functions (future-orientation, planning, self control, problem-solving skills, etc.) http://www.youtube.com/watch?v=EcaDSJ1LplQ&feature=share&list=PLxm8CI2QrHHofQtp47PBrQ0XCxsrSDCM0
22. Prefrontal Cortex Dysfunction Loss of raw emotional control (anger, rage) Increased risk-taking, rule-breaking Impulsivity, loss of self-control Immaturity, poor social judgment, poor social skills Peer problem-solving skills, low IQ, poor school performance 50% accuracy for predictor of violence
23. Proactive or Predatory Murderer Plan their murders; cold-blooded, not impulsive Often are our serial killers and often are psychopaths They have increased functioning in the Prefrontal Cortex More than 22% increase in white matter in Prefrontal Cortex (synaptic connections) Greater language skills (both hemispheres) and are often very charming and make for skillful liars and manipulators Greater executive functions (calculated planning, juggling lies, etc.)
24. All Murderers Higher activity in limbic (emotional) centers Dysfunction in angular gyrus (reading and writing center and thus poor performance in school) Reduced activity in Amygdala (emotional processor) during moral decision-making (lack of empathy, reduced conscience, inability to see negative emotions in the faces of others) Impairment of Hippocampus - reduced fear conditioning, aggressiveness Impairment of Posterior Cingulate - inability to see context of own actions or effect on others (correlation with spousal abuse) http://www.youtube.com/watch?v=agPUoKB8eEk&feature=share&list=PLxm8CI2QrHHofQtp47PBrQ0XCxsrSDCM0
25. Risk Indicators Genetic factors – family criminal history, Warrior Gene (less Monoamine Oxidase A, “MAO-A,” an enzyme that degrades neurotransmitters; 1/3 of males, but 60% of Black males), extra male chromosome Males – 90 percent of all murders Psychopathy – Temp Agencies! (impulsive, sensation-seeking, drifter, short-term relationships, glib, liar, lack of empathy, etc.) Low resting heart rate (60 beats/min) - Fearlessness, sensation-seeking, no conscience TEST! http://www.youtube.com/watch?v=VvByEnYE1X8&feature=share&list=PLxm8CI2QrHHofQtp47PBrQ0XCxsrSDCM0
26. Are There Biological Markers? 11% reduction in gray matter (neurons) in PFC (22% increase in white matter of psychopaths) 18% reduction in volume of Amygdala (emotional processing center) 16% reduction in volume of right ventromedial PFC (Phineas Gage injury) 20% reduction in volume of right middle frontal Gyrus and 9% reduction in orbitofrontal Gyrus
27. Biological Markers, continued Right Hippocampus much larger than left (fear conditioning) Larger volume in corpus callosum (cross-talk) 11% increase in Striatum (reward seeking center (correlation to pleasure in pain of others) Cavum Septum Pellucidum - extra gap in fluid-filled central area of brain
28. Sex and the brain Male brains have greater connectivity from back to front than females – motor skills Female brains have greater connectivity side to side between hemispheres – integrating analysis and intuition Women have more gray matter – computational tissue Men more white matter – connective tissue These changes only begin after puberty and are most extreme during adolescence
29. Nutrition Factors Netherlands study (starvation during WWII) showing poor nutrition in first and second trimester correlated with 2 ½ times the risk of criminal recidivistic behavior Research suggests direct link between nutrition and IQ Low IQ directly correlated to poor functioning in school (key indicator for criminal behavior) Fish Oil – direct correlation
30. Fetal/Birth Factors Fetal exposure to Nicotine (increase in testosterone) Fetal alcohol exposure (neural developmental damage) Contributes to minor physical abnormalities Nutrition (as mentioned) – Low IQ Birth complications Maternal rejection – lack of attachment All correlated to increased criminal activity
31. Plasticity http://www.youtube.com/watch?v=J4_9JT08MOs&feature=share&list=PLxm8CI2QrHHofQtp47PBrQ0XCxsrSDCM0
32. Adolescent brain development The Brains of adolescents are different from adults – structurally and functionally; this is reflected in behavior. The legal system has been greatly influenced by neurological data at the macro level, resulting in Supreme Court decisions protecting juveniles.
33. Juveniles Are Different Research demonstrates adolescents are different from adults (duh!): Impulse control/risk taking Thrill seeking Future orientation Reward sensitivity Susceptibility to peer influence Emotional reactivity
34. Teen Brain Development Brain develops from bottom up, back to front – PFC is last Decrease in gray matter in PFC – pruning Dopamine (neurotransmitter) alteration Increase in white matter in PFC - organizing Increase in connectivity between PFC and subcortical (emotional) regions Hormones!
35. Brain Stages Pre-frontal cortex completed in females around 22 or 23 and males at 25 or 26, if normal. Intellectual/cognitive maturity at 15 to 16. Psychosocial maturity reaches similar levels of intellectual maturity at 26 and later. Brain development is largely linear but behavior is not. Generalities – individual/genetic/social factors are key. Trauma or brain injury changes all of this. http://www.edinformatics.com/news/teenage_brains.htm
36. Legal Response to This Data Roper v. Simmons, 2005 – death penalty for juveniles under 18 violates cruel and unusual punishment prohibition of 8th Amendment. “When a juvenile offender commits a heinous crime, the State can exact forfeiture of some of the most basic liberties, but the State cannot extinguish his life and his potential to attain a mature understanding of his own humanity…. Retribution is not proportional if the law’s most severe penalty is imposed on one whose culpability or blameworthiness is diminished ….by reason of youth and immaturity.”
37. Next Legal Response Graham v. Florida, 2010 – outlawed life-without-parole sentences in non-homicide cases for juveniles under 18 based upon 8th Amendment. “What the State must do, however, is give defendants like Graham some meaningful opportunity to obtain release based on demonstrated maturity and rehabilitation.” Assault on theory of “adult crime, adult time.”
38. Latest legal Response Miller v. Alabama, 2012 – applies Graham standard even to murder by Juveniles. “We therefore hold that the Eighth Amendment forbids a sentencing scheme that mandates life in prison without possibility of parole for juvenile offenders. By making youth (and all that accompanies it) irrelevant to imposition of that harshest prison sentence, such a scheme poses too great a risk of disproportionate punishment.” Requires consideration of mitigating factors and capacity for change/rehabilitation.
39. The Environment Alters the Brain Malnutrition and diet affect brain development negatively Malnutrition correlates to increased aggression Higher Fish consumption correlates to less violent crime Refined carbohydrates Poverty, atmosphere of violence, high unemployment, inequality - all alter the brain Meditation, supplements, drugs, therapy - do help
40. The Smoking Gun? Lead exposure in gas and paint is directly correlated to rising AND falling crime rates: no other theory comes close to its ability to explain city, state and country crime rates Lead damages brain development in children – low IQ and PFC dysfunction – all of which are directly correlated to violence Greater exposure among poor, minority and urban populations - exposes false assumptions? http://youtu.be/c3eaG_PB5ZU
41. Mental Illness Poorly understood by criminal justice system – little consistency across states Mistrust of psychiatric profession due to high-profile cases and public reaction ADD, PTSD, personality disorders, bi-polar, depression, drug abuse and drug interactions, all typically excluded Schizophrenia – 3 times risk of male murderer, 20 times risk in females
42. resources A Primer on Law and Neuroscience, Morse. My Brain Made me do it, Sternberg Law and neuroscience, (to be published) Jones, et aL Brains on trial, pbs special. Neuroscience in the courtroom, uttal. Anatomy of Violence, Raine. Neurocriminology, schmalleger and davis?
43. Contact information I can be reached at 928-717-7938 or Michael.davis@yc.edu.