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, 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

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.

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.

This book examines the legal boundaries of non-consensual brain-reading in criminal justice. Focusing on human rights such as privacy and freedom of thought and expression, the book informs lawyers and ethicists debating the legal implications of emerging neurotechnology and advises policymakers and judges in specifying the law to neurotechnology.

This volume offers a new framework for understanding expertise. It proposes a reconceptualization of the traditional notion of expertise and calls for the development of a new contextual and action-oriented notion of expertise, which is attentive to axiological values, intellectual virtues, and moral qualities. Experts are usually called upon, especially during times of emergency, either as decision-makers or as advisors in formulating policies that often have a significant impact on society. And yet, for certain types of choices, there is a growing tension between experts’ recommendations and alternative views. The chapters in this volume critically assess the idea of whether possessing epistemic authority can automatically make someone’s assertions necessarily more grounded than others. They not only evaluate the epistemological implications of this idea but also reflect on its ethical, socio-cultural, and political consequences. The interdisciplinary framework advanced across the chapters seeks to overcome certain limitations that underlie current models of expertise by adopting more inclusive and representative decisions that can improve the perceived neutrality of experts’ decisions. Increasing neutrality means reducing cases in which an unidentified bias – be it a scientific one or not – puts any of the individuals involved in a specific public choice at a systematic disadvantage. Philosophy, Expertise, and the Myth of Neutrality will appeal to scholars and advanced students working in epistemology, philosophy of science, philosophy of the social sciences, public policy, and sociology.

This volume provides an interdisciplinary collection of essays from leaders in various fields addressing the current and future challenges arising from the implementation of AI in brain and mental health. Artificial Intelligence (AI) has the potential to transform health care and improve biomedical research. While the potential of AI in brain and mental health is tremendous, its ethical, regulatory and social impacts have not been assessed in a comprehensive and systemic way. The volume is structured according to three main sections, each of them focusing on different types of AI technologies. Part 1, Big Data and Automated Learning: Scientific and Ethical Considerations, specifically addresses issues arising from the use of AI software, especially machine learning, in the clinical context or for therapeutic applications. Part 2, AI for Digital Mental Health and Assistive Robotics: Philosophical and Regulatory Challenges, examines philosophical, ethical and regulatory issues arising from the use of an array of technologies beyond the clinical context. In the final section of the volume, Part 3 entitled AI in Neuroscience and Neurotechnology: Ethical, Social and Policy Issues, contributions examine some of the implications of AI in neuroscience and neurotechnology and the regulatory gaps or ambiguities that could potentially hamper the responsible development and implementation of AI solutions in brain and mental health. In light of its comprehensiveness and multi-disciplinary character, this book marks an important milestone in the public understanding of the ethics of AI in brain and mental health and provides a useful resource for any future investigation in this crucial and rapidly evolving area of AI application. The book is of interest to a wide audience in neuroethics, robotics, computer science, neuroscience, psychiatry and mental health.

Preventing recidivism is one of the aims of criminal justice, yet existing means of pursuing this aim are often poorly effective, highly restrictive of basic freedoms, and significantly harmful. Incarceration, for example, tends to be disruptive of personal relationships and careers, detrimental to physical and mental health, restrictive of freedom of movement, and rarely more than modestly effective at preventing recidivism. Crime-preventing neurointerventions (CPNs) are increasingly being advocated, and there is a growing use of testosterone-lowering agents to prevent recidivism in sexual offenders, and strong political and scientific interest in developing pharmaceutical treatments for psychopathy and anti-social behaviour. Future neuroscientific advances could yield further CPNs; we could ultimately have at our disposal a range of drugs capable of suppressing violent aggression and it is not difficult to imagine possible applications of such drugs in crime prevention. Neurointerventions hold out the promise of preventing recidivism in ways that are both more effective, and more humane. But should neurointerventions be used in crime prevention? And may the state ever permissibly impose CPNs as part of the criminal justice process, either unconditionally, or as a condition of parole or early release? The use of CPNs raises several ethical concerns, as they could be highly intrusive and may threaten fundamental human values, such as bodily integrity and freedom of thought. In the first book-length treatment of this topic, Treatment for Crime, brings together original contributions from internationally renowned moral and political philosophers to address these questions and consider the possible issues, recognizing how humanity has a track record of misguided, harmful and unwarrantedly coercive use of neurotechnological 'solutions' to criminality. The Engaging Philosophy series is a new forum for collective philosophical engagement with controversial issues in contemporary society.

Can it be justified to use neuroscientific technologies for influencing the human brain as a means of preventing offenders from engaging in future criminal conduct? In Neurointerventions, Crime, and Punishment, Jesper Ryberg considers various ethical challenges surrounding this question.

Examines the particularly prescient implications that neuroscience has for legal responsibility, highlighting the philosophical and practical challenges that arise.