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Question 29

The 'Evil Gene' or Bad Choices? The Case of Neuro-Law

Historically, criminal behavior was viewed as a matter of conscious moral choice. Under legal systems worldwide, individuals are presumed to possess the agency to choose between right and wrong, making them legally and morally responsible for their actions. Those who committed offenses were seen as exercising their free will maliciously, justifying retributive punishment.

However, the emerging field of 'neuro-law' presents a different perspective. Recent neuroimaging studies of violent offenders show significant structural and functional abnormalities in the prefrontal cortex—the area responsible for impulse control and moral decision-making—and genetic profiles indicating low activity of the MAOA gene (the 'warrior gene'). These findings suggest that certain individuals possess a strong neurobiological predisposition toward impulsivity and aggression.

Proponents of this neuroscientific view argue that understanding these biological constraints can lead to more rehabilitative, rather than purely punitive, justice system reforms. Conversely, critics warn that reducing criminal behavior to neural and genetic anomalies undermines the legal foundation of personal culpability, potentially offering an excuse for harmful actions and implying that offenders are merely 'biological machines' incapable of reform.

Describe the free will/determinism debate and explain how it can be applied to this article.

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Markscheme

Debates Questions

  1. A Level
  2. /Psychology
  3. /Debates

276 exam-style questions on OCR A Level Psychology Debates, covering Nature/nurture, Freewill/determinism, Reductionism/holism, Individual/situational explanations, Usefulness of research, Ethical considerations, Conducting socially sensitive research, and Psychology as a science. Each one has a worked solution and a mark scheme showing where the marks go.

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