“Psychopaths should not be punished”
The other neuro problem besides free will that criminal attorneys don’t like to think about. If such behavior is scientifically - and by legal standards - accepted as a result of a brain condition/deficit, then treatment over punishment is the only ethical choice. But, how can we know if someone has the capacity to inhibit undesirable behaviors or if they are truly uncontrollable?
The central idea is to move away from retribution toward psychopaths.
Punishment may not be the best strategy and might not even be morally supported – at least, if punishment is understood as infliction of suffering to compensate for what they have done. As strange as it may sound, psychopaths deserve our compassion. Retributive impulses probably developed during natural selection as a way to deter free-riders. But psychopaths are not sufficiently sensible to threats to be deterrable. They can’t resist their impulses to hurt others as we can. [VIA
Well, not exactly…but what about this? Is it so unreasonable that we will be eventually looking at a spectrum type psychopathy disorder, since most psychopaths are deemed successful and only a small percentage of psychopaths are violent criminals?