NCJ Number
158520
Journal
Psychology, Crime and Law Volume: 1 Dated: (1995) Pages: 291-300
Date Published
1995
Length
10 pages
Annotation
Research in psychology and biology, albeit still in its early stages, suggests that individual traits that influence the capacity for self-control vary from one person to another; this article considers the potential impact of this data on the determination of responsibility under the criminal law.
Abstract
Recent research showed links between a defective gene and the propensity toward aggressive behavior, including antisocial or deviant behavior that breaches the criminal law. Research further suggests that characteristics of a person's central nervous system may indicate a tendency toward aggressive behavior. Psychological research provides a body of evidence that cognitive responses to incidents such as provocation fluctuates markedly from one individual to another. Those who exhibit violent or aggressive behavior perceive fewer social cues than their nonviolent counterparts and tend to interpret those cues in a more hostile fashion. If the indications of biological and psychological variations in people's capacity for self-control are confirmed, lawyers and policymakers must consider adjustments to the basis on which criminal liability is imposed. A criminal law that emphasizes individual responsibility would say that a person who is unable to react differently to provocation does not deserve formal condemnation and punishment. The only alternative approach is to use strategies of treatment and behavioral control other than through the criminal justice system. 42 references