Due process was about avoiding procedural errors in rendering a decision of guilt or innocence, not about the validity of the decision itself.

I’ve said several times that the brain acts like a scientist. It forms hypotheses through prediction and tests them against the “data” of sensory input. It corrects its predictions by way of prediction error, like a scientist adjusts his or her hypotheses in the face of contrary evidence. When the brain’s predictions match the sensory input, this constitutes a model of the world in that instant, just like a scientist judges that a correct hypothesis is the path to scientific certainty.

Social reality is not just about words – it gets under your skin. If you perceive the same baked good as a decadent “cupcake” or a healthful “muffin,” research suggests that your body metabolizes it differently. Likewise, the words and concepts of your culture help to shape your brain wiring and your physical changes during emotion.24.

But one thing is certain: every day in America, thousands of people appear before a jury of their peers and hope they will be judged fairly, when in reality they are judged by human brains that always perceive the world from a self-interested point of view. To believe otherwise is a fiction that is not supported by the architecture of the brain.

The human brain is a cultural artifact. We don’t load culture into a virgin brain like software loading into a computer; rather, culture helps to wire the brain. Brains then become carriers of culture, helping to create and perpetuate it.

It is actually a policy issue relevant to the First Amendment, which guarantees the right to free speech. The First Amendment was founded on the notion that free speech produces a war of ideas, allowing truth to prevail. However, its authors did not know that culture wires the brain. Ideas get under your skin, simply by sticking around for long enough. Once an idea is hardwired, you might not be in a position to easily reject it.

Simulations are your brain’s guesses of what’s happening in the world. In every waking moment, you’re faced with ambiguous, noisy information from your eyes, ears, nose, and other sensory organs. Your brain uses your past experiences to construct a hypothesis – the simulation – and compares it to the cacophony arriving from your senses. In this manner, simulation lets your brain impose meaning on the noise, selecting what’s relevant and ignoring the rest.

If you want to gain mastery at perceiving other people’s emotional experiences, you must let go of this essentialist assumption.

One illusory stripe of a rainbow contains an infinite number of frequencies, but your concepts for “Red,” “Blue,” and other colors cause your brain to ignore the variability.

Scientific revolutions tend to emerge not from a sudden discovery but by asking better questions.