20 Features The RGS Gazette Issue 12 July 2024 To understand the relationship between the brain and the law, we need to discuss how the brain develops. Previous research has suggested the possibility of mental disorders such as schizophrenia could manifest because of genetics, using studies on monozygotic and dizygotic twins, identical and nonidentical twins. Similarly, there is an implication that genetics may affect how the brain develops. As a result, the genetics of your parents may influence how your brain grows. On the other hand, by following this nature vs. nurture approach, the nurture argument leans towards the impact of environmental factors such as a pregnant mother’s diet influencing a baby’s growth. While both arguments hold strong evidence, the development of the brain is overall a culmination of genetic and environmental factors. "Previous research has suggested the possibility of mental disorders such as schizophrenia could manifest because of genetics." Consequentially, a biological approach arguing that brain development is fully a biological process suggests the frontal lobe used in decisionmaking is simply a product of biochemistry, leading to the possibility that our decisionmaking is just biological and cannot be changed. The basis of laws, especially criminal law, is ascertained by the decisions of an individual. Our legal jurisdictions must assume that any crime committed pertains to the individual and their choices alone, rather than a situation where an individual may be restricted to committing a crime due to their biological makeup or due to the society they are in. This leads to further complications where certain laws may have arbitrary punishments. These complications are generally disregarded by following the principle that we have ‘freewill’ and therefore make impactful decisions. "The potential of neural prostheses for hearing, balance, and speech alludes to the future of similar technology in other areas." 21stcentury advancements in neuroscience have significantly impacted forms of communication. Implants can be inserted into the brain, allowing for the external control of anatomy previously nonfunctional. The potential of neural prostheses for hearing, balance, and speech alludes to the future of similar technology in other areas. Braincomputer interfaces have already been used to help those with lockedin syndrome (a brain condition causing paralysis, but consciousness is still attained) so that their speech can be synthesised. As a result, there are further implications where future brain implants may be used on criminals after conviction to prevent reoffending, despite ethical issues with using technology to possibly hinder or affect people’s ‘free will’. Overall, ‘Brain Day’ was truly an enlightening experience. Research into the brain is dynamic; it leads to implications for biological theories, even going as far as having somewhat of an impact on the law, an integral factor in our functioning society. Although neuroscience appears to create implications rather than affect any real change, the possibility of alterations to legal procedures may change in the future, and so a change in our legal system. An ultrasound scan of twins (2022) A PET scan of brain metabolism (2011)
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