Do criminals freely decide to commit offences?

"Are criminals responsible for their actions? It’s a question philosophers, criminologists and jurisprudence experts have grappled with for centuries.

Some philosophers and scientists argue no-one has free will and no-one is ever responsible for any crime, no matter how serious. They suggest the impact of genes and formative social environments on us mean there’s no room left for free will.

This radical view, however, is not held by the majority of philosophers working on free will, nor is it held by the courts.

The criminal justice system presupposes people generally are free to decide whether or not to engage in criminal behaviour. If they do choose to commit a crime, it is presumed that they are responsible for what they’ve done.

However, the courts acknowledge not everyone has free will. For example, those who are very young, or sleepwalking, or severely mentally ill may not be held responsible for an offence. You might think of these people as lacking free will because they are unable to reason properly about what to do."

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