Coercive Brain-Reading in Criminal Justice
Coercive Brain-Reading in Criminal Justice

Author: Sjors Ligthart

Publisher: Cambridge University Press

Published: 2022-09-01

Total Pages: 309

ISBN-13: 1009252461

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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.

Brain and Crime
Brain and Crime

Author: Hanna Swaab

Publisher: Elsevier

Published: 2023-08-24

Total Pages: 302

ISBN-13: 0128213760

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Brain and Crime, Volume 197 reviews the relation between brain function and aggressive and rule-breaking (criminal) behavior. The book's focus is on the violation of social rules and not on violation of regulations that are different in different counties. It discusses the development of this behavior from childhood into adulthood, along with the mechanisms associated with the risk for aggression and rule-breaking behavior. In addition, it explores from a behavioral level concepts like psychopathology, syndrome and concepts from law, such as crime, defendant and offender. Finally, sections explore brain function, including emotion, cognitive processes, and decision-making. From the perspective of brain structure, the book covers brain networks and brain disorders. In genetics, the book includes the influence of genes and the mechanisms of epigenetics. All chapters are intended to provide information for use in the diagnosis and treatment of disorders, and in assessment and prevention. Discusses the development of rule-breaking (criminal) behavior from childhood into adulthood Covers the influence of genes and the mechanisms of epigenetics Includes the diagnosis and treatment of disorders, along with assessment and prevention

Neurolaw
Neurolaw

Author: Sjors Ligthart

Publisher: Springer Nature

Published: 2021-05-05

Total Pages: 278

ISBN-13: 3030692779

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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.

Neurolaw in the Courtroom
Neurolaw in the Courtroom

Author: Hannah Wishart

Publisher: Taylor & Francis

Published: 2023-10-18

Total Pages: 99

ISBN-13: 1003821464

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This collection presents a comparative perspective on interdisciplinary issues that fall under the emerging field of Neurolaw. The chapters embrace distinct procedural and evidential issues in the courtroom for vulnerable defendants, such as immature defendants, mentally disordered offenders and unfit-to-plead defendants, through a neuroscientific lens. This view is informed by worldwide analyses from legal academics, philosophers, and legal practitioners. The work brings together interdisciplinary and leading perspectives to discuss the use and relevancy of neuroscience at trial, and how the use of neuroscience is currently benefiting and impacting vulnerable defendants in global criminal trials. As such, the book builds upon and adds to the existing literature in this field by providing a comprehensive coverage of the intersection between these disciplines for vulnerable defendants in the courtroom. Key issues covered include: vulnerable defendants and the pre-trial process; the trial process; the use of neuroscience as expert evidence at trial; and vulnerable defendants, neuroscience and mitigation of sentence. Through original exploration presented by contributors from both academia and practice, the book will be of interest to academics, researchers and policy-makers working in the areas of Criminal Law and Procedure.

A Primer on Criminal Law and Neuroscience
A Primer on Criminal Law and Neuroscience

Author: Stephen J. Morse

Publisher: Oxford University Press

Published: 2013-10-03

Total Pages: 318

ISBN-13: 0199859175

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This handbook, the result of a three-year multidisciplinary initiative supported by the John D. and Catherine T. MacArthur foundation, brings lawyers, neuroscientists, and philosophers together to explore the appropriate relation between neuroscience and law.

Inside the Criminal Mind (Newly Revised Edition)
Inside the Criminal Mind (Newly Revised Edition)

Author: Stanton Samenow

Publisher: Crown

Published: 2014-11-04

Total Pages: 417

ISBN-13: 0804139903

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A brilliant, no-nonsense profile of the criminal mind, newly updated in 2022 to include the latest research, effective methods for dealing with hardened criminals, and an urgent call to rethink criminal justice from expert witness Stanton E. Samenow, Ph.D. “Utterly compelling reading, full of raw insight into the dark mind of the criminal.”—John Douglas, author of the #1 New York Times bestseller Mind Hunter Long-held myths defining the sources of and remedies for crime are shattered in this groundbreaking book—and a chilling profile of today’s criminal emerges. In 1984, Stanton Samenow changed the way we think about the workings of the criminal mind, with a revolutionary approach to “habilitation.” In 2014, armed with thirty years of additional knowledge and insight, Samenow explored the subject afresh, explaining criminals’ thought patterns in the new millennium, such as those that lead to domestic violence, internet victimization, and terrorism. Since then the arenas of criminal behavior have expanded even further, demanding this newly updated version, which includes an exploration of social media as a vehicle for criminal conduct, new pharmaceutical influences and the impact of the opioid crisis, recent genetic and biological research into whether some people are “wired” to become criminals, new findings on the effectiveness of cognitive behavioral therapy, and a fresh take on criminal justice reform. Throughout, we learn from Samenow’s five decades of experience how truly vital it is to know who the criminals are and how they think. If equipped with that crucial understanding, we can reach reasonable, compassionate, and effective solutions. From expert witness Dr. Stanton E. Samenow, a brilliant, no-nonsense profile of the criminal mind, updated to include new influences and effective methods for dealing with hardened criminals

Neurolaw and Responsibility for Action
Neurolaw and Responsibility for Action

Author: Bebhinn Donnelly-Lazarov

Publisher: Cambridge University Press

Published: 2018-05-03

Total Pages: 313

ISBN-13: 1108635202

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Law regulates human behaviour, a phenomenon about which neuroscience has much to say. Neuroscience can tell us whether a defendant suffers from a brain abnormality, or injury and it can correlate these neural deficits with criminal offending. Using fMRI and other technologies it might indicate whether a witness is telling lies or the truth. It can further propose neuro-interventions to 'change' the brains of offenders and so to reduce their propensity to offend. And, it can make suggestions about whether a defendant knows or merely suspects a prohibited state of affairs; so, drawing distinctions among the mental states that are central to legal responsibility. Each of these matters has philosophical import; is a neurological 'deficit' inculpatory or exculpatory; what is the proper role for law if the mind is no more than the brain; is lying really a brain state and can neuroscience really 'read' the brain? In this edited collection, leading contributors to the field provide new insights on these matters, bringing to light the great challenges that arise when disciplinary boundaries merge.

The Criminal Brain, Second Edition
The Criminal Brain, Second Edition

Author: Nicole Rafter

Publisher: NYU Press

Published: 2016-08-30

Total Pages: 395

ISBN-13: 1479894699

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A lively, up-to-date overview of the newest research in biosocial criminology What is the relationship between criminality and biology? Nineteenth-century phrenologists insisted that criminality was innate, inherent in the offender’s brain matter. While they were eventually repudiated as pseudo-scientists, today the pendulum has swung back. Both criminologists and biologists have begun to speak of a tantalizing but disturbing possibility: that criminality may be inherited as a set of genetic deficits that place one at risk to commit theft, violence, or acts of sexual deviance. But what do these new theories really assert? Are they as dangerous as their forerunners, which the Nazis and other eugenicists used to sterilize, incarcerate, and even execute thousands of supposed “born” criminals? How can we prepare for a future in which leaders may propose crime-control programs based on biology? In this second edition of The Criminal Brain, Nicole Rafter, Chad Posick, and Michael Rocque describe early biological theories of crime and provide a lively, up-to-date overview of the newest research in biosocial criminology. New chapters introduce the theories of the latter part of the 20th century; apply and critically assess current biosocial and evolutionary theories, the developments in neuro-imaging, and recent progressions in fields such as epigenetics; and finally, provide a vision for the future of criminology and crime policy from a biosocial perspective. The book is a careful, critical examination of each research approach and conclusion. Both compiling and analyzing the body of scholarship devoted to understanding the criminal brain, this volume serves as a condensed, accessible, and contemporary exploration of biological theories of crime and their everyday relevance.

Treatment for Crime
Treatment for Crime

Author: David Birks

Publisher:

Published: 2018

Total Pages: 383

ISBN-13: 0198758618

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Traditional means of crime prevention, such as incarceration and psychological rehabilitation, are frequently ineffective. This collection considers how crime preventing neurointerventions (CPNs) could present a more humane alternative but, on the other hand, how neuroscientific developments and interventions may threaten fundamental human values.