"My Brain Made Me Do It" Is Becoming a More Common Criminal Defense

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After Richard Hodges pleaded guilty to cocaine possession and residential burglary, he appeared somewhat dazed and kept asking questions that had nothing to do with the plea process. That’s when the judge ordered that Hodges undergo a neuropsychological examination and magnetic resonance imaging (MRI) testing. Yet no irregularities turned up. Hodges, experts concluded, was faking it. His guilty plea would stand. But experts looking back at the 2007 case now say Hodges was part of a burgeoning trend: Criminal defense strategies are increasingly relying on neurological evidence—psychological evaluations, behavioral tests or brain scans—to potentially mitigate punishment. Defendants may cite earlier head traumas or brain disorders as underlying reasons for their behavior, hoping this will be factored into a court’s decisions. Such defenses have been employed for decades, mostly in death penalty cases. But as science has evolved in recent years, the practice has become more common in criminal cases ranging from drug offenses to robberies.

Read More: Scientific American

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