2min chapter

The Gray Area with Sean Illing cover image

Best of: Robert Sapolsky on the toxic intersection of poverty and stress

The Gray Area with Sean Illing

CHAPTER

The McNaughton Rule and the Modern Criminal Justice System

The modern criminal justice system is incompatible with neuroscience, says Robert Sapolsky. The gold standard in American criminology for deciding somebody is so organically impaired in their brain that you can't really hold them responsible has been called the McNaughton rule. There's no state that allows you to take the next step of frontal damage and someone who does know the difference between right and wrong, but nonetheless can't regulate their behavior. "Our gold standard of incorporating neuroscience into making sense of humans at their worst moments is relying on neuroscience that was derived from knowledge in 1840," he says.

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