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Best Seattle Criminal Defense Attorneys | Brain Scans As Evidence?

In Seattle criminal defense law expert witnesses are increasingly using brain scans as evidence of  psychopathy of criminal defendants. The question becomes, “Do judges see the scans as mitigating factors and does this reduce the length of sentences they hand down?” A new article in the renowned journal SCIENCE comes to some interesting conclusions. This is what we have found at Best Seattle Criminal Defense Attorneys blog.

As reported recently in the New York Times,  ”Defense lawyers now commonly introduce brain scans of convicted clients as mitigating evidence in appeals of death sentences, experts said.” But both the science and hard evidence of judges reducing sentences due to an evidence of a behavioral biology is still hotly contested. 

The best Seattle criminal defense attorneys will be interested in a new study published in SCIENCE  which shows that in cases heard only by a judge (not a jury) “neurobiological evidence reduced judges’ sentences by an average of about 7 percent for a fictional defendant convicted of battery and identified as a psychopath.” Does this open the door for increased use of brain scans by defense lawyers? What about lesser pathologies?

The study which was conducted with the help of 181 state court judges presented a fictional aggravated battery case with testimony from an expert about a defendant’s genetic disposition for violence. Those who read the expert testimony gave a sentence of “13 years — a full year less than the average sentence issued by the judges who had not seen the testimony about genetics and the brain.” But this is a double-edged sword. The good defense lawyer will would see in the study that “…sentences given to…aggravated battery like this one normally carried a sentence of 9 years, on average, and 15 years if the defendant was identified as a psychopath…”

When charged with a serious crime like assault or aggravated battery you need criminal defense attorneys who can read between the lines. Defenses to crimes should only be adopted with the counsel of an experience criminal defense attorney. See the section in this website regarding felonies and possible defenses and then receive your free consultation with the principal of the Crowley Law Firm, John Crowley, before doing anything else.