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This is your brain. This is your brain on justice.

brain.jpgHaving traveled down to D.C. to cover the Woodstock of Washington, we’ve fallen behind a bit in our Wall Street Journal reading. So a “Science Journal” article from Friday’s edition only just came to our attention: The Brain, Your Honor, Will Take the Witness Stand.

Researchers at Vanderbilt University have identified the parts of the brain that become active when we render legal decisions. The study is part of a larger $10 million three-year project funded by the MacArthur Foundation to study how “experimental brain findings may alter traditional notions of guilt, responsibility and choice.”

Vanderbilt law professor Owen Jones collaborated with researchers for the experiment. We’re guessing he came up with the legal questions posed to 16 volunteers as their brain activity was monitored with an MRI machine.Two areas of the brain became active as the guinea pigs thought about “50 hypothetical scenarios ranging from theft of a music CD to rape and murder.” It seems like 12 volunteers would have been more appropriate, perhaps with two alternates.

Any hoo. Here’s what they found:

No one part of the brain stands in judgment of others, they found. Instead, at least two areas of the brain assess guilt and assign an appropriate penalty. An area associated with analytical reasoning, called the right dorsolateral prefrontal cortex, became very active, they reported. But the decision process also electrified emotional circuits.

[One of the researchers] Dr. Marois found so much emotional activity during an impartial legal decision surprising. “This reasoning may not be so detached. It shattered my preconceived ideas of the legal system,” says Dr. Marois. “But for a lawyer, maybe it doesn’t.”

Our ideas of the legal system aren’t shattered. Our ideas about the insight of researchers are a bit wobbly.

More about studies to come, including one on “a group of inmates diagnosed as psychopaths,” after the jump.

This first experiment was conducted with 16 volunteers, who we assume have a “normal” conception of crime, guilt, and punishment. Next, researchers will look at those with the weakest legal minds and those with the strongest:

To discern any differences in the ability to weigh crime and punishment, Prof. Jones and his colleagues are scheduled next week to conduct the brain-scanning experiment among a group of inmates diagnosed as psychopaths, who make up one-fifth of the male inmates in U.S. maximum-security prisons. In June, the researchers plan to carry out their brain-scanning experiment with state and federal judges who volunteer to have their decision-making faculties probed.

The question is always, how will this actually be used in the long run? Maybe one day an MRI could replace the LSAT as part of the law school application.

The Brain, Your Honor, Will Take the Witness Stand [Wall Street Journal]

Comments

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1 Posted by guest | Permalink Tuesday, January 20, 2009 3:31 PM

blah blah

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2 Posted by guest | Permalink Tuesday, January 20, 2009 3:35 PM

KASH...how is your LOBSTER?!?!?!?!

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3 Posted by guest | Permalink Tuesday, January 20, 2009 3:35 PM

Kash, thanks for letting me play in your backyard.

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4 Posted by guest | Permalink Tuesday, January 20, 2009 3:36 PM

Finding a state judge's decision making faculties may prove difficult. May need to expand the scan to the lower 'brain'...

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5 Posted by guest | Permalink Tuesday, January 20, 2009 3:47 PM

2, may you experience Elie's crab puffs first hand.

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6 Posted by guest | Permalink Tuesday, January 20, 2009 3:51 PM

holy crap, this article is as entertaining as going on a midnight joyride with Ted Kennedy. No in all seriousness, Kashmir Hill, please refrain from writing anything else

7 Posted by Pacific Reporter | Permalink Tuesday, January 20, 2009 3:53 PM

There should be a Gattaca-like test to replace the LSAT - only those who are genetically superior should be allowed into our esteemed profession.

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8 Posted by guest | Permalink Tuesday, January 20, 2009 3:57 PM

Damn, I just ripped a wicked PUSSY FART. Oopsie!!

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11 Posted by guest | Permalink Tuesday, January 20, 2009 4:10 PM

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12 Posted by guest | Permalink Tuesday, January 20, 2009 4:10 PM

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13 Posted by guest | Permalink Tuesday, January 20, 2009 4:10 PM

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14 Posted by guest | Permalink Tuesday, January 20, 2009 4:20 PM

Vandy uber alles!

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15 Posted by guest | Permalink Tuesday, January 20, 2009 4:30 PM

It shouldn't be a surprise that emotion is involved in legal decisions. Humans are hard wired for "fairness" (it's how we managed in a hunter-gatherer society) and it makes sense that we should be using that highly emotional connection in determining an appropriate punishment

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16 Posted by guest | Permalink Tuesday, January 20, 2009 4:30 PM

15 = racist

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17 Posted by guest | Permalink Tuesday, January 20, 2009 4:31 PM

It shouldn't be a surprise that emotion is involved in legal decisions. Humans are hard wired for "fairness" (it's how we managed in a hunter-gatherer society) and it makes sense that we should be using that highly emotional connection in determining an appropriate punishment

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18 Posted by guest | Permalink Tuesday, January 20, 2009 4:38 PM

What affect will this have on the possible layoffs at Cahill?

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19 Posted by guest | Permalink Tuesday, January 20, 2009 4:39 PM

What affect will this have on the possible layoffs at Cahill?

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20 Posted by guest | Permalink Tuesday, January 20, 2009 4:40 PM

DEMONBREUN TO 110K!!!

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21 Posted by guest | Permalink Tuesday, January 20, 2009 4:59 PM

Very interesting. Good find, Kash.

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22 Posted by guest | Permalink Tuesday, January 20, 2009 5:09 PM

Oh, wait, I forgot - this is ATL.

Sorry for the mix up.
-21

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23 Posted by guest | Permalink Tuesday, January 20, 2009 5:15 PM

I didn't know lawyers had brains. Oh, nevermind, it's a soul they're missing. Sorry.

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24 Posted by guest | Permalink Tuesday, January 20, 2009 5:37 PM

this "tabloid" has gone to hell.

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25 Posted by guest | Permalink Tuesday, January 20, 2009 5:44 PM

Dammit. I'm hearing it again.

It's that incessant sucking sound. Where is it coming from?

Oh.

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26 Posted by guest | Permalink Tuesday, January 20, 2009 5:45 PM

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27 Posted by guest | Permalink Tuesday, January 20, 2009 8:21 PM

"Having traveled down to D.C. to cover the Woodstock of Washington"...pretentious asshole....but not the only one on this site.

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28 Posted by guest | Permalink Tuesday, January 20, 2009 10:49 PM

Lawyers must surely feel emotion when having to cower behind metal detectors to keep from being beheaded by the commoners they have screwed.

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29 Posted by guest | Permalink Tuesday, January 20, 2009 10:49 PM

Lawyers must surely feel emotion when having to cower behind metal detectors to keep from being beheaded by the commoners they have screwed.

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