What Should Happen to Criminals with Transplanted Organs?

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SUMMARY

This discussion centers on the philosophical implications of organ transplants, particularly brain transplants, on criminal identity and guilt. Participants argue that the mind is intrinsically linked to the brain, suggesting that a brain transplant could fundamentally alter a person's identity and moral responsibility. The conversation also touches on the relevance of physical attributes like fingerprints and hearts in determining selfhood, concluding that they hold little significance compared to the brain's role. Ultimately, the debate raises critical questions about the nature of self and accountability in the context of criminal justice.

PREREQUISITES
  • Understanding of basic neuroscience concepts, particularly the relationship between the brain and consciousness.
  • Familiarity with philosophical theories regarding identity and self, including Cartesian dualism.
  • Knowledge of the criminal justice system and its treatment of mental health issues.
  • Awareness of ethical considerations surrounding medical procedures like organ transplantation.
NEXT STEPS
  • Research the implications of brain transplants on personal identity in philosophical literature.
  • Explore neuroscience studies on how brain alterations affect personality and behavior.
  • Investigate legal precedents regarding mental health and criminal responsibility.
  • Examine ethical frameworks for organ transplantation and their societal impacts.
USEFUL FOR

Philosophers, ethicists, legal professionals, and anyone interested in the intersection of neuroscience, identity, and criminal justice will benefit from this discussion.

Evil
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just wondering...(by the way i didn't know where to put this so i put it here)...
lets say we have a criminal in jail.he has a heart problem so he got a heart transplant.he is still he so he stays in jail.
lets say another prisoner has a brain problem.lets say we have the technology and rights to transplant a new brain in him.so he has the brain of a good man but the body of a criminal.should he stay in jail?
lets say we have another criminal.he changes his fingerprints by doing a transplant which we assume is technologically possible.he has the finger prints of a good man, the dna of a crimial and the body of a criminal. should he stay in jail?
i been thinking for a while and would like to hear your views..
 
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This is philosophy more than Science, and relates to the conception of self.

As a rule though, the mind seems to reside in one way or another in the brain, and so the seat of the 'self' would reside in the brain. Actions come from the brain, so guilt would be a result of the brain.
So wherever the brain is, is where that person is. If someone has a brain problem, then 'They' have an irreversible problem. (unless you can just change that aspect of their brain where the problem is located, without actually cahnging anything else.

But in the case of the brain transplant, i would think of that rather as a body trasnplant. If you remove the brain of the criminal, then the body is not the body of a criminal anymore.

Fingerprints are meaningless in the determination of anything (it is just a way of identifying people) (Ie, identifies bodies, which at the moment, are unequivacobly attached to the brains within them...)

And the heart is meaningless too. Just a part of the body, which doesn't mean much in the determination of 'self'.
 
Originally posted by Another God
This is philosophy more than Science, and relates to the conception of self.

As a rule though, the mind seems to reside in one way or another in the brain, and so the seat of the 'self' would reside in the brain. Actions come from the brain, so guilt would be a result of the brain.
So wherever the brain is, is where that person is. If someone has a brain problem, then 'They' have an irreversible problem. (unless you can just change that aspect of their brain where the problem is located, without actually cahnging anything else.

But in the case of the brain transplant, i would think of that rather as a body trasnplant. If you remove the brain of the criminal, then the body is not the body of a criminal anymore.

Fingerprints are meaningless in the determination of anything (it is just a way of identifying people) (Ie, identifies bodies, which at the moment, are unequivacobly attached to the brains within them...)

And the heart is meaningless too. Just a part of the body, which doesn't mean much in the determination of 'self'.

Nice response, AG. I'd like to point out one thing though: you are referring to "ghost in the machine" reasoning - though all of what you said still holds true, without the "ghost in the machine" connotation.

You see, consciousness is inevitably linked to the brain, however, it is one thing to state this, and another thing to say that the "mind resides in the brain", because that implies a non-physical mind (again, Descartes' "ghost in the machine" reasoning).

But this is a Philosophical matter...
 
My words don't have to be taken in a Ghost in the Machine context. I just use them because it is the most vague reference to an unexplained phenomenon. We defiantely have a mind, and it is definitely related to the brain in some way, and while I believe the mind simply arises from brain processes, I don't really know. So, i will refer to the 'mind' as its own identity until I can sort out exactly how it should be referred to.
 
Originally posted by Another God
My words don't have to be taken in a Ghost in the Machine context. I just use them because it is the most vague reference to an unexplained phenomenon. We defiantely have a mind, and it is definitely related to the brain in some way, and while I believe the mind simply arises from brain processes, I don't really know. So, i will refer to the 'mind' as its own identity until I can sort out exactly how it should be referred to.

Fair enough.
 
ok...so the mind rest ina the brain. the brain itself is a complex chemical soup of biochemical reactions rite? so is a brain still considered as a original brain when u inject foreign substances into the brain?by altering the brain u change the mind so will the person still be considered as the same person?
 
Now that's a far tougher question. I say no, because I believe that crimes are due to the who pattern of the brain-mind, and responsibility cannot be divided from personality. However, parts of the justice system disagree. I heard they are executing a man after drugging him so he couldn't plead insanity.
 
but won't that be unfair to the criminal?
 
That's what I think too.

But I wasn't on the jury...
 
  • #10
i wish u was...
 

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