wedrifid comments on Crime and punishment - Less Wrong
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The April 2010 Scientific American has an article by Michael Gazzaniga (a famous cognitive neuroscientist), "Neuroscience in the courtroom", partly about this issue. He writes:
This is what we see most commonly in debate on the issue: Not a reasoned defense of any of the various positions, nor an argument why sentencing in a particular case should be done for punishment, crime prevention, or deterrence; but blithe unawareness that there are any considerations other than what the defendant "deserves".
Perhaps they are simply implicitly assuming that the threat of being forcibly confined and subject to medical 'treatment' by those who decided that you are broken and need to be 'fixed' constitutes a rather significant punitive deterrent in its own right. People don't usually want to be institutionalised.
The obvious caveat is that voluntary medical treatment for mental health issues must be freely accessible and more pleasant than the forcible kind. Those who wish to proactively prevent themselves from acting out on criminal insanity must have the option of doing so without deliberately committing a crime in order to game the system. Unfortunately those with mental health problems are a notoriously neglected class worldwide. Significant cultural change would be required before this criminal justice policy was coherent.