I’d have to say Jury Nullification would be one and especially so because mentioning it or admitting that you know of it can get you pulled off an American jury.

It’s the idea that even if a person is brought to trial and is guilty of an action that is legitimately classified as a crime, if you and your fellow jurors disagree, you can still find the plaintiff “not guilty”.

For example: marijuana is illegal on the federal level and some state levels and if someone were in court on charges of possession of marijuana and nothing more, regardless what the law says or how the judge feels, you and your jurors can vote to find this person innocent so they don’t face the legal consequences for possession.

This one can have legal ramifications. Generally speaking, you can explicitly state that you are not willing to follow the law regarding the duty of jury members to make judgements of fact based on the facts presented. You should be able to defend your position, and you may be asked to do so privately.

If you were to potentially taint the jury pool by going on about nullification, that might open you up to contempt charges. I’m not saying that it should, but people interested in the subject should know that it’s a risk they run if they take that approach. Talking about nullification outside the context of a court falls under free speech, but I do think people have been cited for handing out nullification flyers outside of a court building.

I have a similar problem in that I do not believe free will exists, which shifts the idea of “guilt” from a moral to a medical dimension. I could not find anyone guilty of the crime of murder, for example, because there are a whole range of cause and effect cascades that brought the particular action about that had nothing to do with free will or choice. I do think it’s ethical to remove someone who has committed murder from society for as long as that tendency persists, but that’s a very different thing than finding someone guilty of the crime of murder, which requires mens rea - a state of mind that renders an individual as culpable for their actions. I would not find that the defendant had willfully carried out the act, any more than I’d find someone who had an epileptic seizure while driving and killed a pedestrian as guilty of murder. In order to do so, I’d require the prosecution to demonstrate a conclusive neurological argument proving the existence of free will.

Guilt and mens rea can be quite compatible with your admittedly strange idea of there being no free will (and yet trying to parse laws under a framework of people having free will), unless you believe that all acts are coercive (which is quite reductive).

All you need to ask yourself is if the person wanted and intended to do that, whatever the nexus of causes led up to them wanting to do the act.

It seems very weird (and a bit lazy) to subscribe to a framework of there being no free will and yet not even trying to contextualise the safeguards of the legal system to fit that framework. Sure you may agree with putting people in jail to prevent net societal harm, but mens rea is one of the checks to ensure that they will cause societal harm to others, and without being able to settle such a question of fact you will instead never be able to put anybody, even if they need to be put behind bars, there.

I can get into more detail, but the line of thinking is not only compatible with neuroscience, it is as far as I am concerned a necessary conclusion from everything we know about neurobiology (and biology in general). I am a theoretical biologist myself and can get into detail, but Stanford neuroscientist Robert Sapolsky has written extensively on the subject, and the conclusions of that school of thought are fully compatible with the conclusions of philosophers of consciousness and the self such as Thomas Metzinger.

So no, I do not think that “the person wanted and intended to do that” is a statement that is compatible with what we know about how brains work. But let’s take a closer look at that. Let’s say you have a person who had his daughter kidnapped, and the kidnappers told him that they would execute his daughter unless he robbed a bank for them. The person believes them. He knows robbing the bank is wrong, he put a plan together to do so anyway, and he carried it out. He gets caught, and the kidnappers get caught as well. Assume for the sake of argument that these are undisputed facts. Would that person be guilty of armed robbery? Or would the prosecutor not even bother to bring charges, because the person was compelled to do so via what we’d call a forced move in chess? That’s just a philosophical illustration and still builds on the idea of choice, but it illustrates that even what we consider “choice” isn’t always a free choice and that the justice system accounts for that.

Let me illustrate what I’m actually talking about though. I’m going to make up some values to show what I mean. These are not the actual values, but the relationship holds. Let’s say that for any randomly chosen American, there’s a 1% chance that they will commit a murder in their lifetime. Now let’s start tweaking some of the dials. Our random person, P, grew up in a community where they experienced strong degrees of racism and violence. This physically alters brain structures like increasing the size and influence of the amygdala, which has influenced over fear and threat reactions. It reduces the size and influence of the prefrontal cortex, which is charged with deliberation and predicting consequences. As a result, person P now belongs to a population where they have a 5% probability of committing a murder, because their brain is going to be far more sensitive to threat perception and having a response less regulated by their PFC. Let’s throw in malnutrition, which also affects both brain development and (if the mother was also having such problems) epigenetic developmental factors, which again make changes to both the physical brain and to the genetic processing at the cellular level. Throw in drug addiction. A highly population disproportionate of people in jail for committing violent crimes also have a medical history of traumatic brain injury.

None of those factors were even theoretically able to be affected by the choices made by P, but they heavily biased the probability function. The relationships between all of these factors and a given action are highly characterized. We can look at causal factors from seconds before the physical event (pulling the trigger happened) seconds ago - there were a chain of neural activations in which a specific area of P’s brain caused the muscle contraction in the finger. We can look at what happened hours to days ago that biased those neurons to be triggerable by that level of stimulus. P did not make a conscious decision to have the threat-response associated neurons building to a state of high excitability - that came from the way the brain was wired up in the first place, which happened months to years ago.

What it boils down to is that there is no neuronal argument for free will that can identify a specific chain of causality that identifies and isolates free will as a phenomenon.

Far from being lazy, my position is based on a career in the study and teaching of biology and complex systems analysis, and I can come up with a lengthy bibliography including experimental and philosophical research to defend my position.

The takeaway is that we need to address these as issues that have causal explanations, rather than failures of individual morality. This has been a process that we’ve been performing throughout history, as concepts like demonic possession and trafficking with the devil turned out to be caused by psychological and neurobiological conditions, such as epilepsy. Eventually, should we make it long enough, I think that’s where we will end up.