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Original papers

Judicial decision-making and neurobiology: the role of emotion and the ventromedial cortex in deliberation and reasoning

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Pages 11-18 | Published online: 09 Dec 2009

References

  • Marony , T A . 2006 . Law and emotion: A proposed taxonomy of an emerging field. Law and Human Behaviour On-line issue April-June. http://www.springerlink.com/(r4xrcnaksm1y3c55c2lwcl55)/app/home/issue.asp?referrer=parent&backto=journal,1,142;linkingpublicationresults,1:104390,1 [Accessed 9 June 2006] at 14
  • These two approaches represent just two of the approaches discussed by the court, and are, by necessity, simplified for the purposes of this paper . 2007 . For a detailed discussion of the many more subtle grades of approaches raised by the court in Markarian, see: Bennett H, Broe GA, Judicial neurobiology, Markarian synthesis and emotion: How can the human brain make sentencing decisions? . Criminal Law Journal , 31 : 75 – 90 .
  • It is not possible, within the scope of this paper, to discuss other relevant prefrontal regions, such as the medial frontal region (including the anterior cingulate gurus).
  • Reference will be made in this paper only to the ventromedial cortex, rather than making the distinction between research that has focused on the orbitobasal, as opposed to the ventromedial cortex.
  • This discussion of the brain and its cognitive and behavioural associations is highly simplified for the purposes of this paper . 2006 . For non-neuroscientists interested in understanding this area in greater detail, an excellent discussion and explanation of brain anatomy and its functional associations with decision-making is available in: Damasio A. Descartes' error: emotion, reason, and the human brain , London : Vintage Books . References to individual scientific papers on discrete areas of decision-making are available in the Markarian paper cited above
  • Damasio , A R , Tranel , D and Damasio , H . 1990 . Individuals with sociopathic behaviour caused by frontal damage fail to respond automatically to social stimuli . Behavioural Brain Research , 41 : 81 – 94 .
  • Kirby , M. Judging: reflections on the moment of decision . Fifth International Conference on Reasoning and Decision-Making . Charles Stuart University . Wagga Wagga, 4 December 1998

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