Sjors Ligthart - Böcker

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.

Recent developments in the cognitive sciences, particularly the emergence of neurotechnologies and their potential applications in a variety of contexts, have prompted a debate on what freedoms and rights people have in relation to their brains and minds. Lawyers and philosophers are especially interested in the possibilities offered by the neurosciences in conducting risk assessments and risk management. Minds, Freedoms and Rights deepens our understanding of these legal issues by investigating the human rights that relate to the mind and by exploring their implications for possible uses for neurotechnology for criminal rehabilitation or 'neurorehabilitation'. By harnessing and integrating both legal and ethical perspectives, the authors establish possible uses of neurorehabilitation that are cutting-edge yet simultaneously protect and respect human rights and freedoms. This title is also available as open access on Cambridge Core.

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.