This Article begins by discussing what neuroscience and the smaller associated field of study, neuropsychology, are and what they can tell us about an individual. It then recounts a brief history of sentencing in the United States. Additionally, it expounds on how the legal system currently utilizes neuroscience in the courts, noting specifically the ways in which neuroscience can be presented during the sentencing phase of trial. Finally, it discusses the use of neuroscience as a mitigating factor during sentencing and how judges can use neuroscience to combat their implicit biases.
Bernice B. Donald and Erica Bakies,
A Glimpse Inside the Brain’s Black Box: Understanding the Role of Neuroscience in Criminal Sentencing,
85 Fordham L. Rev. 481
Available at: http://ir.lawnet.fordham.edu/flr/vol85/iss2/5