Document Type

Article

Publication Date

11-2016

Keywords

Capital punishment, Death penalty

Disciplines

Criminal Law | Criminal Procedure | Law and Psychology | Neurosciences

Abstract

The neuroscience of empathy provides one more reason to believe that the decision to sentence another human being to death is inevitably an arbitrary one, and one that cannot be divorced from either race or caprice. While we can tinker with aspects of capital trials that exacerbate caprice and discrimination stemming from empathy, we cannot alter basic neural responses to the pain of others and therefore cannot rationalize (in either sense of the word) empathic responses.

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