Mind in the eyes

The Law’s Emotion Problem

In the 1992 Supreme Court case Riggins v. Nevada, Justice Anthony M. Kennedy acknowledged — perhaps unwittingly — that our legal system relies on a particular theory of the emotions. The court had ruled that a criminal defendant could not forcibly be medicated to stand trial, and Justice Kennedy concurred, stressing that medication might impair a defendant’s ability to exhibit his feelings. This, he warned, would interfere with the critical task, during the sentencing phase, of trying to “know the heart and mind of the offender,” including “his contrition or its absence.” But can a judge or jurors infer a defendant’s emotions reliably, as Justice Kennedy implied? Is it possible, as this theory holds, to detect remorse — or any other emotion — just by looking and listening? ….[READ]

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