Developmental impairments in moral competence as mitigation in capital cases

Area of Science:

• Forensic Psychology
• Developmental Psychology
• Neuroscience

Background:

• Traditional mitigation strategies in capital murder cases (e.g., mental illness, low IQ) are not always applicable.
• Defendants may be unfairly characterized as "evil" or having antisocial personalities.
• There is a need for alternative mitigation approaches that address the complexities of criminal behavior.

Purpose of the Study:

• To propose a novel mitigation strategy for capital murder cases.
• To reframe the legal narrative from "evil" to "moral incompetence" stemming from adverse childhood experiences.
• To highlight the potential for rehabilitation and neurophysiological change.

Main Methods:

• Presenting evidence on the antecedents of poor moral competence, including neglect and abuse.
• Detailing the neurophysiological basis of moral incompetence.
• Showcasing research on the potential for improving moral competence in adulthood.
• Focusing evaluations on early childhood and family characteristics.

Main Results:

• The proposed approach reframes defendants' actions as a consequence of profound neglect or abuse.
• It emphasizes the neurophysiological underpinnings of moral incompetence.
• It suggests that moral competence can be improved with appropriate support.

Conclusions:

• This reframing offers an alternative to character-based defenses in capital murder cases.
• The approach is supported by developmental literature.
• Further research is needed to understand juror responses to this mitigation strategy.