Notre Dame Law School NDLScholarship Journal Articles Publications 2007 Neuroimaging and the "Complexity" of Capital Punishment O. Carter Snead Notre Dame Law School,
[email protected] Follow this and additional works at: https://scholarship.law.nd.edu/law_faculty_scholarship Part of the Criminal Law Commons, Criminal Procedure Commons, and the Legal Ethics and Professional Responsibility Commons Recommended Citation O. C. Snead, Neuroimaging and the "Complexity" of Capital Punishment, 82 N.Y.U. L. Rev. 1265 (2007). Available at: https://scholarship.law.nd.edu/law_faculty_scholarship/542 This Article is brought to you for free and open access by the Publications at NDLScholarship. It has been accepted for inclusion in Journal Articles by an authorized administrator of NDLScholarship. For more information, please contact
[email protected]. ARTICLES NEUROIMAGING AND THE "COMPLEXITY" OF CAPITAL PUNISHMENT 0. CARTER SNEAD* The growing use of brain imaging technology to explore the causes of morally, socially, and legally relevant behavior is the subject of much discussion and contro- versy in both scholarly and popular circles. From the efforts of cognitive neuros- cientists in the courtroom and the public square, the contours of a project to transform capital sentencing both in principle and in practice have emerged. In the short term, these scientists seek to play a role in the process of capitalsentencing by serving as mitigation experts for defendants, invoking neuroimaging research on the roots of criminal violence to support their arguments. Over the long term, these same experts (and their like-minded colleagues) hope to appeal to the recent find- ings of their discipline to embarrass, discredit, and ultimately overthrow retributive justice as a principle of punishment.