Question

Ben is on trial for murder, accused of spending 6 months planning the death of a coworker. Because Ben confessed to the crime, his attorney presents a potential mitigating factor. Specifically, Ben's attorney argues that Ben has a lesion in his ventromedial prefrontal cortex (vmPFC). Knowing what you do about this brain region, and the nature of Ben's crime, is this a compelling mitigating factor? Why or why not?

Answer 1

Confessing to the crime is itself a mitigating factor as it saves the expense for a trial. Also if the person shows remorse after the act. So the mitigating factor presented in this case is that Ben has a lesion in his ventromedial prefrontal cortex. This part of the brain is responsible for evoking certain emotions like guilt, empathy, compassion. Damage to this part can lead to building little to no emotion. This would lead to social exclusion and incapability to think clearly.

So, this can be considered brain injury. It can be used as a compelling mitigating factor as the offender is not in a good place mentally.