Determined: A Science of Life without Free Will

The concept of reform is preceded by a brief recount of the “lepers’ plot,” in which people with leprosy were unjustly accused of and confessed to poisoning water supplies, but they claimed they were encouraged to do it by Jewish people. When confronted, Jewish people blamed Muslim people, but since the latter were out of reach, the Jewish people and people with leprosy were killed.

Sapolsky discusses the reforms needed in the criminal justice system, citing its biases and high rates of recidivism. The justice system has undergone reform across the centuries. Early practices, such as those involved in trying witches, are now viewed as barbaric. Sapolsky also describes the graphic execution of Robert-Francois Damiens, who attempted to kill King Louis XV and was drawn and quartered in consequence.

Trials, Sapolsky posits, should be replaced with nonjudgmental investigations focused on finding the truth rather than on assigning blame. A few alternatives to the criminal justice system have been attempted; Sapolsky briefly discusses reconciliatory and restorative justice systems, which he deems irrelevant, and then focuses on quarantine systems as the most effective alternative and the one most likely to be accepted. The widely used quarantine system runs on four principles—that a person can be dangerous, that it is not the person’s fault, that it is okay to constrain their freedom for the sake of others’ safety, and that they should be minimally constrained. This model takes future danger into consideration: “The more danger is posed in the future, the more constraints are needed” (351). The idea of using quarantine for criminals was proposed by Derk Pereboom and extended by philosopher Gregg Caruso to target the causes of criminality, such as poverty and systematic biases.

Three main critiques of quarantine are the issue of indefinite quarantine lengths, preemptive constraint, and the fact that it is not punitive. Sapolsky counters, respectively, that minimal quarantine would be enforced, that “social determinants” like poverty would be addressed to reduce crime rates, and that positive quarantine experiences do not result in higher rates of recidivism. In Norway, prisoners have access to amenities, including workshops, kitchens, studios, computers, and recreation activities, and their recidivism rates are low. Others have complained that quarantine systems impede the quarantined person’s rights. Sapolsky recounts the last public hanging that occurred in the United States: Rainey Bethea confessed to raping and killing Lischia Edwards and was charged only with rape so he could be publicly hanged as opposed to executed in the prison. Florence Thompson, as acting sheriff, oversaw the execution and elected to have someone else pull the lever. Twenty thousand people attended, and most remained peaceful.

Sapolsky posits that cheating and punishment evolved in tandem: “Crucially, punishment works to maintain cooperation” (361). Punishing cheaters encourages prosocial behaviors and is seen in numerous species, including other primates, bees, and bacteria. Humans have evolved a more complex punishment system in which external parties punish behavior on behalf of other citizens or entities, such as police apprehending criminals, boards that punish corrupt police officers, and so on. However, this system is not seen in smaller, hunter-gatherer tribes, which use more informal and direct methods of punishment; larger societies allow for anonymity, which can increase antisocial behaviors, so third-party punishment systems, including moralizing religions, help ensure prosocial behaviors. Punishment comes with a cost, but the cost can be reduced through reputation, with third-party punishers enhancing their reputation and norm-breakers worsening theirs. People’s enjoyment of getting to punish others is shown through the fascination with serial killers and executions. In one experiment, children or chimpanzees watched as a person was beaten and dragged into another room; if the person had been cruel, around half the subjects would pay a price (either tokens for the kids or lifting a heavy door for the chimps) to continue watching the person being beaten. Other studies have shown that punishing wrongdoers releases dopamine, a feel-good hormone.

Timothy McVeigh committed a terrorist bombing act in Oklahoma City in 1995, killing 168 people including children and leaving hundreds homeless. He was subsequently given the death penalty and killed via lethal injection. While lethal injection is viewed as humane, the IV is often put in incorrectly by correctional officers rather than medical professionals, and the drugs sometimes do not work properly. McVeigh’s execution went according to plan, with 10 people present, hundreds more watching by video, and over 1,000 reporters and some protestors congregating peacefully outside the prison. Sapolsky revisits the executions he discussed, noting the progression from the violent drawing and quartering of Damiens to the relatively quiet execution of McVeigh. He questions whether victims should have a right to retribution, citing findings that show that retribution does not provide victims with a sense of closure and that many victims do not support execution. In Norway, Anders Breivik killed 77 people and was given the maximum sentence of 21 years in prison, where he had access to several amenities, including a living space with three rooms, technology and entertainment, and a remote college education. Almost all Norwegian citizens were satisfied with Breivik’s sentence. One survivor later publicly spoke out sympathetically toward Breivik, blaming the social rejection he experienced as a causal factor of Breivik’s violence. People in the US reacted to the outcome with disbelief, feeling that his punishment should have been more severe.

Sapolsky acknowledges that he has yet to overcome his judgment of certain crimes, such as murder. He suggests that, although it will be hard, such moral judgments can be overcome.