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Behavioral and Cognitive Equivalence Threshold: Foundations for the Practical Extension of Atkins and Roper.
1Department of Psychiatry, Section for Neurodevelopment and Psychosis, Perelman School of Medicine, University of Pennsylvania, Philadelphia, Pennsylvania, USA.
Neuroscience can now measure cognitive capacities, supporting legal protections against the death penalty for individuals with impaired brain function. Behavioral and Cognitive Equivalence (BACE) offers a method to assess diminished capacity.
Area of Science:
- Neuroscience
- Law
- Forensic Psychology
Background:
- US Supreme Court rulings (Atkins, Roper) prohibit death sentences for individuals lacking full culpability.
- Neuroscience advancements allow direct measurement of behavioral and cognitive capacities relevant to culpability.
Purpose of the Study:
- To integrate contemporary neuroscience with constitutional principles of proportionality in capital punishment.
- To operationalize the assessment of diminished capacity using neuroscientific methods.
Main Methods:
- Utilizing quantitative neuroimaging (structural and functional metrics) to identify neural impairments.
- Employing norm-referenced data and network-level analysis.
- Developing the Behavioral and Cognitive Equivalence (BACE) framework to compare individual functioning to exempt groups.
Main Results:
- Neural systems for judgment, inhibition, and reasoning mature heterogeneously and can be impaired.
- Neuroimaging can identify statistically defined thresholds of neural impairment.
- BACE provides a transparent and reproducible method for assessing diminished capacity.
Conclusions:
- Contemporary neuroscience supports extending categorical protection from capital punishment.
- Individuals with measurable impairments rendering them functionally incapable of culpability should receive protection.
- BACE aligns with legal precedents (Hall v. Florida, Moore v. Texas) for assessing diminished capacity.
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