I venture into this topic gingerly, readily admitting that folks like defense lawyer and Law Tribune columnist Norm Pattis have a much deeper understanding of the workings of criminal law and the criminal mind, but I can’t help being intrigued by some recent news concerning the idea that some people’s brains are different than “normal,” and, as a result, they commit unspeakable crimes.

I read that one Connecticut lawyer recently offered expert testimony in a capital case that his client’s brain was actually structurally abnormal, and, as a result, he made poor choices, including one which led to the killing of a fellow inmate. This was remarkable for several reasons, not the least of which is that a judge must have been convinced that the testimony had all of the Porter indicia of credibility, and allowed the testimony to the jury. That’s quite a step forward.

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