So let’s say brain science in 15, 20 years
really understands why a certain population
of people, say psychopaths, behave the way
they do.  OK, we know it, we got it.  And
let’s say we have figured out a treatment
for them.  So you got the psychopath.  He
has done the crime.  We hold him responsible.  Now
we’re at the decision.  Do we treat him
or put in the slammer? Right, because we now
know if we can treat him they’re back to
the normal population, they’re back doing
normal things again. Does that satisfy in
us the sense of justice that should be done
to this person?  Does that satisfy our built
in sense of retribution, which I think humans
have in spades?  Can people live with the
fact that somebody who carried out a crime
against their family or their body or their
property is just simply fix the guy so he
doesn’t do that stuff anymore - or do they
want this other component and does that other
component?
That is the discussion we should be having.  We
shouldn’t be confusing the fact that someone
with a slight or even a serious brain disorder,
are they responsible or not.  We should
have the legal category in our country, which
we don’t: guilty but insane, not not guilty
because insane.  We should get the responsibility
issue clear and then as a society we have
to decide well what are we going to do about
that person and just think how interesting
it gets.
I think our time would be better spent trying
to sort that out because I think down the
pike there will be treatments.  There will
be more effective treatments.  The reason
why it isn’t a burning issue now is because
none of our so-called treatments or rehabs
or what have you are that great.  The recidivism
rate just sits there around 63% no matter
what you do.  So there is just isolation
of just put people in institutions of one
kind or another.
I think by clearing up this responsibility
question we focus on the real question of
what does our society decide to do about this
person and that’s a tough one.
