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This edited book provides an in-depth examination of the
implications of neuroscience for the criminal justice system. It
draws together experts from across law, neuroscience, medicine,
psychology, criminology, and ethics, and offers an important
contribution to current debates at the intersection of these
fields. It examines how neuroscience might contribute to fair and
more effective criminal justice systems, and how neuroscientific
insights and information can be integrated into criminal law in a
way that respects fundamental rights and moral values. The book's
first part approaches these questions from a legal perspective,
followed by ethical accounts in part two. Its authors address a
wide range of topics and approaches: some more theoretical, like
those regarding the foundations of punishment; others are more
practical, like those concerning the use of brain scans in the
courtroom. Together, they illustrate the thoroughly
interdisciplinary nature of the debate, in which science, law and
ethics are closely intertwined. It will appeal in particular to
students and scholars of law, neuroscience, criminology,
socio-legal studies and philosophy. Chapter 8 is available open
access under a Creative Commons Attribution 4.0 International
License via link.springer.com.
Emerging neurotechnology offers increasingly individualised brain
information, enabling researchers to identify mental states and
content. When accurate and valid, these brain-reading technologies
also provide data that could be useful in criminal legal
procedures, such as memory detection with EEG and the prediction of
recidivism with fMRI. Yet, unlike in medicine, individuals involved
in criminal cases will often be reluctant to undergo brain-reading
procedures. This raises the question of whether coercive
brain-reading could be permissible in criminal law. Coercive
Brain-Reading in Criminal Justice examines this question in view of
European human rights: the prohibition of ill-treatment, the right
to privacy, freedom of thought, freedom of expression, and the
privilege against self-incrimination. The book argues that, at
present, the established framework of human rights does not exclude
coercive brain-reading. It does, however, delimit the permissible
use of forensic brain-reading without valid consent. This
cautionary, cutting-edge book lays a crucial foundation for
understanding the future of criminal legal proceedings in a world
of ever-advancing neurotechnology.
This edited book provides an in-depth examination of the
implications of neuroscience for the criminal justice system. It
draws together experts from across law, neuroscience, medicine,
psychology, criminology, and ethics, and offers an important
contribution to current debates at the intersection of these
fields. It examines how neuroscience might contribute to fair and
more effective criminal justice systems, and how neuroscientific
insights and information can be integrated into criminal law in a
way that respects fundamental rights and moral values. The book's
first part approaches these questions from a legal perspective,
followed by ethical accounts in part two. Its authors address a
wide range of topics and approaches: some more theoretical, like
those regarding the foundations of punishment; others are more
practical, like those concerning the use of brain scans in the
courtroom. Together, they illustrate the thoroughly
interdisciplinary nature of the debate, in which science, law and
ethics are closely intertwined. It will appeal in particular to
students and scholars of law, neuroscience, criminology,
socio-legal studies and philosophy. Chapter 8 is available open
access under a Creative Commons Attribution 4.0 International
License via link.springer.com.
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