Neuroscience and the Model Penal Code's Mens Rea Categories

This Essay addresses recent research and commentary regarding the potential contributions of cognitive neuroscience to law. For first time, methods have been brought bear on Model Penal Code’s (MPC’s) culpable–mental state categories through a neuroimaging study seeking identify neural correlates knowledge recklessness. Subsequently, this has presented as paradigm for utilizing answer important legal questions. However, original experiment appears suffer serious experimental-design conceptual limitations, belying subsequent advocacy utility neuroscience. methodically details these limitations argues that does not seem actually elicited or recklessness in subjects or, even if it did, did elicit them discrete enough fashion permit identification mental states’ correlates. The also contends, more broadly, inapt investigating propriety MPC’s mens rea delineations since are articulated purely psychological-behavioral terms: states only requisites. Only manifestations provide base evidence existences. And research, neuroscience, is most direct way investigate practical, moral, appropriateness by illuminating how individuals experience them, others, employ dispense blame punishment. Ultimately, appear reveal anything significance MPC. And, broadly contrary assertions, substantial when comes producing legally relevant information. Going forward, should be given primacy science investigations MPC concepts. Cognitive studies, other hand, treated with exceptional skepticism.