When an animal kills we do not bother to ask the question of blame. We simply deal with the offending animal in the most straightforward manner to maintain public safety.
When it comes to humans the legal system rests on the assumption of free will and we are judged based on this perceived freedom.
The rabies virus is a microscopically small organism which takes over the behavior of a host. After a bite from one mammal to another, this tiny virus climbs its way up the nerves into the brain. There it changes the local patterns of activity inducing host to aggression, rage, and a propensity to bite. By steering the behavior of the host, the tiny virus survives by commandeering the massive body of the host millions of times larger than it. The lesson is that invisibly small changes inside the brain can cause massive changes to behavior. Should we punish the individual for failing to exercise his free-will not to bite?
In 1966 Charles Whitman killed thirteen and wounded thirty-three beginning with his mother and wife the previous day. Whitman had thought something was different about himself and he was correct and asked that his brain be examined to possibly understand what. At his own request following his death his brain was examined and a tumor abut the diameter of a nickel was discovered. It is thought the tumor was the cause of his actions. Should he have been punished for his failure to use his free will to make better choices?
In 2002, a 40-year old male school teacher began to view child pornography websites, and solicit prostitutes at massage parlors, activities which there are no accounts of him having done in the past. The man's wife turned him into the police when he was found making subtle sexual advances towards young children.
The evening before his prison sentencing, he took himself to a hospital, complaining that he had a massive headache and would "rape his landlady." An MRI revealed an egg-sized brain tumor located in the area of the brain which is tied to judgment, impulse control and social behavior.
Once the tumor was removed, his sex-obsession disappeared.
After he was remanded to psychiatric care, he complained of balance problems and a MRI scan revealed an egg-sized brain tumor. Further tests found the man was also unable to write or copy drawings and was unconcerned when he urinated on himself.
But seven months after the tumor was removed he complained of headaches and secretly collected pornography once more. After an MRI scan revealed tumor regrowth and it was removed, the behavior again disappeared.
Should he be punished for failing to use his free will to make better choices?
Frontotemporal dementia is a disease which causes parts of the brain to degenerate. Patients lose the ability to control the hidden impulses. They patients find a variety ways to violate social norms: shoplifting in front of store managers, removing their clothes in public, running stop signs, breaking out in song at inappropriate times, eating food scraps found in public trash cans, or being physically aggressive or sexually transgressive. Currently there is no medication to stop it. Over fifty percent of frontotemporal dementia patients display socially violating behavior compared with less than ten percent of Alzheimer’s patient. Should these people be punished for failing to use their free will to make better decisions?
When Parkinson’s patients were given a drug called pramipexole some of them turned into pathological gamblers. These patients had never before displayed gambling behavior. For some, the new addiction reached beyond gambling to compulsive eating, alcohol consumption and hypersexuality.
The treatment for Parkinson’s is to increase the patient’s dopamine levels. It turns out along with dopamine’s role in motor commands it also guiding a person toward food, drink, mates, and all things useful for survival. Because of its role in the reward system, imbalances in dopamine can trigger gambling, overeating, and drug addiction.
Should these people be punished for failing to use their free will to make better decisions?
A slight change in the balance of brain chemistry can cause large changes in behavior. Should these people be punished or treated in ways to protect society.
There is no consensus of the causes of homosexuality do they really have free will? Do you have control over the gender you find sexually attractive?