The Punisher's Brain by Morris B. Hoffman

The Evolution of Judge and Jury

Blending neuroscience, evolutionary psychology, and legal history, this work argues that our criminal justice practices spring from evolved brain mechanisms for punishing norm violators. It explores how retributive intuitions, reciprocity, and fairness shape culpability and the respective roles of judges and juries, explaining why lay decision-makers often align with community morals. Drawing on experiments and case studies, it probes tensions between retribution and utilitarian goals and questions the limits of free will in assigning blame. It concludes with pragmatic reforms to better align sentencing and procedure with what science reveals about human punishment instincts.

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