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Red States, Blue States, and Brain States

Author

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  • Francis X. Shen
  • Dena M. Gromet

Abstract

Advances in neuroscience are beginning to shape law and public policy, giving rise to the field of “neurolaw.†The impact of neuroscientific evidence on how laws are written and interpreted in practice will depend in part on how neurolaw is understood by the public. Drawing on a nationally representative telephone survey experiment, this article presents the first evidence on public approval of neurolaw. We find that the public is generally neutral in its support for neuroscience-based legal reforms. However, how neurolaw is framed affects support based on partisanship: Republicans’ approval of neurolaw decreases when neuroscience is seen as primarily serving to reduce offender culpability, whereas Democrats’ approval is unaffected by how neurolaw is framed. These results suggest that both framing and partisanship may shape the future of neuroscience-based reforms in law and policy.

Suggested Citation

  • Francis X. Shen & Dena M. Gromet, 2015. "Red States, Blue States, and Brain States," The ANNALS of the American Academy of Political and Social Science, , vol. 658(1), pages 86-101, March.
    • Handle: RePEc:sae:anname:v:658:y:2015:i:1:p:86-101
    DOI: 10.1177/0002716214555693
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    References listed on IDEAS

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    1. Philip E. Tetlock & Gregory Mitchell & L. Jason Anastasopoulos, 2013. "Detecting and Punishing Unconscious Bias," The Journal of Legal Studies, University of Chicago Press, vol. 42(1), pages 83-110.
    2. William G. Jacoby, 2006. "Value Choices and American Public Opinion," American Journal of Political Science, John Wiley & Sons, vol. 50(3), pages 706-723, July.
    3. Dena M. Gromet & John M. Darley, 2011. "Political Ideology and Reactions to Crime Victims: Preferences for Restorative and Punitive Responses," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 8(4), pages 830-855, December.
    4. Michael J. Saks & N. J. Schweitzer & Eyal Aharoni & Kent A. Kiehl, 2014. "The Impact of Neuroimages in the Sentencing Phase of Capital Trials," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 11(1), pages 105-131, March.
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