|Lucas Cranach, Judith Victorious, 1530|
This result of the study is path-breaking because Judges may be willing to reduce sentences where relevant biological testimony based on brain scans or other relevant neuroscience establishes that behavioral mechanisms of the mind and body were factors in unlawful conduct suitable for departure from sentencing norms.
Will Tampa Bay Florida Judges be willing to use this kind of evidence? Don't count on it. And if our Judges use the information in mitigation should they also be able to use it in aggravation of sentence?
Though the study only dealt with violent crime sentencing, your favorite Clearwater Criminal Defense Attorney believes that Defendants who establish biological propensity, necessity or inevitability for nonviolent drug crimes would also have an excellent argument to go under unfair statutory drug crime minimum mandatory sentences, where the discretion from Judges needs to be expanded to find better results.