Read The Times Australia

Daily Bulletin

Do criminals freely decide to commit offences? How the courts decide

  • Written by: Jeanette Kennett, Professor of Philosophy, Macquarie University

Social media algorithms, artificial intelligence, and our own genetics are among the factors influencing us beyond our awareness. This raises an ancient question: do we have control over our own lives? This article is part of The Conversation’s series on the science of free will.

Are criminals responsible for their actions? It’s a question philosophers, criminologists and jurisprudence experts have grappled with for centuries.

Some philosophers and scientists argue no-one has free will and no-one is ever responsible for any crime, no matter how serious. They suggest the impact of genes and formative social environments on us mean there’s no room left for free will.

This radical view, however, is not held by the majority of philosophers working on free will, nor is it held by the courts.

The criminal justice system presupposes people generally are free to decide whether or not to engage in criminal behaviour. If they do choose to commit a crime, it is presumed that they are responsible for what they’ve done.

However, the courts acknowledge not everyone has free will. For example, those who are very young, or sleepwalking, or severely mentally ill may not be held responsible for an offence. You might think of these people as lacking free will because they are unable to reason properly about what to do.

Read more: My brain made me do it: will neuroscience change the way we punish criminals?

Fit to stand trial?

But even before getting to the question of whether a defendant in a criminal proceeding deserves to be punished for an offence, there can be doubt about whether they are sufficiently rational to be tried at all.

Though the law sees most defendants as able to properly participate in their trial, it recognises others cannot.

A defendant’s mental condition may deprive them of the free will needed to properly instruct their lawyers, present their version of events, or follow court proceedings.

This was one of the issues in relation to James Gargasoulas, who is currently serving at least 46 years in prison for killing six people and injuring 27 others in Melbourne’s 2017 Bourke Street massacre.

Do criminals freely decide to commit offences? How the courts decide The law acknowledges some may lack the kind of free will necessary to properly participate in their trial. David Crosling/AAP

Gargasoulas’ actions in driving a car into a busy mall, and his conduct in the run-up to the trial, raised significant questions about his mental health.

Expert witnesses were reportedly divided on whether Gargasoulas had the capacity to properly participate in his trial, despite suffering from paranoid schizophrenia and delusions.

A psychiatrist for the defence said Gargasoulas’ delusional belief system “overwhelms him”; the psychiatrist expressed concern Gargasoulas was using the court process as a platform to voice his belief he is the messiah.

A second forensic psychiatrist agreed Gargasoulas was “not able to rationally enter a plea”.

However, a psychologist for the prosecution assessed him as fit and the prosecution argued there was evidence from recorded phone calls that he was capable of rational thought.

Notwithstanding the opinion of the majority of expert witnesses, the jury found Gargasoulas was fit to stand trial, and later he was convicted and sentenced to life imprisonment.

Working from media reports, it is difficult to be sure precisely what happened in court, and we cannot know why the jury favoured the evidence suggesting he was fit to stand trial. However, it is interesting to consider whether research into the psychology of blame and punishment can shed any light on their decision.

Questions of consequence

Some psychologists argue judgements of blame are not always based on a balanced assessment of free will or rational control, as the law presumes. Sometimes we decide how much control or freedom a person possessed based upon our automatic negative responses to harmful consequences.

As the psychologist Mark Alicke says:

we simply don’t want to excuse people who do horrible things, regardless of how disordered their cognitive states may be.

When a person has done something very bad, we are motivated to look for evidence that supports blaming them and to downplay evidence that might excuse them by showing that they lacked free will.

Were the jurors who found Gargasoulas fit to stand trial influenced by how horrendous his actions were? Would their decision have been different had they not known what he’d been charged with?

We may never know. What is clear, though, is that questions about free will continue to challenge the criminal justice system — and will likely continue to do so in the future.

Authors: Jeanette Kennett, Professor of Philosophy, Macquarie University

Read more https://theconversation.com/do-criminals-freely-decide-to-commit-offences-how-the-courts-decide-133751

Business News

How Businesses Can Prepare for Unexpected Power Outages

Power failures can occur quickly. The supply may be interrupted by bad weather, issues with the electricity network, damaged equipment or local construction work. This can be just a hassle for a fam...

Daily Bulletin - avatar Daily Bulletin

How Chatswood Tutoring Can Fit Into a Student’s Weekly Routine

Create a Predictable Weekly Structure A consistent weekly routine can make study easier to manage when students are balancing several subjects. Chatswood tutoring can provide a fixed learning point a...

Daily Bulletin - avatar Daily Bulletin

The Rise of Digital Marketplaces in the Australian Trade Sector

For decades, the Australian trade and construction sector operated almost entirely on word-of-mouth recommendations and local community networks. Small business owners typically relied on local newspa...

Daily Bulletin - avatar Daily Bulletin

How Immigration Lawyers Can Help

Introduction Visa decisions can shape employment, family life, study plans, travel, and future residence. A small omission can lead to delay, added expense, or refusal. Immigration lawyers assess l...

Daily Bulletin - avatar Daily Bulletin

How Industrial Drying Equipment Supports Efficient Processing

Many industrial processes require moisture to be removed from compressed air, products or process materials before they move to the next stage. Excess moisture can affect equipment performance, produc...

Daily Bulletin - avatar Daily Bulletin

Practical Ways a Whiteboard Can Improve Workplace Communication

Effective communication helps teams stay organised, share ideas and keep track of important information. While digital tools are now common in many workplaces, a whiteboard continues to provide a simp...

Daily Bulletin - avatar Daily Bulletin

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

Why Choosing a Professional Florist Melbourne Makes Flower Delivery Impactful

Flowers have a great power to speak when humans cannot express their feelings with right words. Flowers are the best gifts when you are celebrating a birthday or welcoming a newborn child into your fa...

Daily Bulletin - avatar Daily Bulletin

The Business Case for Choosing Australian Fabricators Over Imported Alternatives

For a long time, you might have defaulted to overseas suppliers when sourcing fabricated metal components for a project. The unit price was lower on paper, and the maths seemed straightforward. That...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

How NDIS Providers Can Free Up Space and Run a Tighter Operation

Walk into the office of almost any growing NDIS provider and you will probably find a corner that ha...

Small Acts, Big Impact: How Australians Can Give Back to Their Communities

There is a common belief that giving back requires either a lot of money or a lot of time. Big chequ...

The Lost Art of Saying Thank You and Why It Still Matters

Somewhere between the arrival of email and the rise of the reaction emoji, the humble thank you shra...

How Non-Competitive Sports Programs Benefit Early Childhood Development

Australia is known globally as a sporting nation, yet recent statistics paint a surprisingly differe...

The Hidden Health Impacts of Digital Screens on Developing Eyes

Modern Australian childhood is undeniably intertwined with technology. From educational tablets in p...

GRC Consulting and Cyber Security Consulting for Businesses

Businesses face risks such as ransomware attacks, data breaches, violations of regulatory standards ...

How to Set a Budget Before Bidding at Auction

Placing a bid at an online art auction is an exciting way to discover rare paintings, home content...

Does a Modern James Bond Exist?

Image Credit: MysteryShot What the Movies Get Right About Private Investigators There are a few mov...

How Australian Businesses Can Effectively Manage Tax Audits and Disputes

Managing a small business in Australia is inherently challenging, but recent shifts in regulatory ...