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Coercive Brain-reading in Criminal Justice

Coercive Brain-reading in Criminal Justice

Author: Sjors Ligthart

Publisher:

ISBN: 1009252453

Category: Criminal investigation

Page: 0

View: 571

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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.

Coercive Brain-Reading in Criminal Justice

Coercive Brain-Reading in Criminal Justice

Author: Sjors Ligthart

Publisher: Cambridge University Press

ISBN: 9781009252461

Category: Law

Page: 309

View: 408

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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.

Neurolaw

Neurolaw

Author: Sjors Ligthart

Publisher: Springer Nature

ISBN: 9783030692773

Category: Psychology

Page: 278

View: 798

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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.

Crimes and Punishment

Crimes and Punishment

Author: Martin R. Gardner

Publisher:

ISBN: STANFORD:36105063926187

Category: Criminal law

Page: 1520

View: 982

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This unique casebook examines the underlying principles of criminal law--punishment, actus reus, and mens rea. It reflects the authors' viewpoint that the purpose of criminal law is to reflect the moral standards of our society and to punish those who, with culpability and awareness, violate these moral norms. Not a study of particular crimes per se, the materials do focus on several crimes whose characteristics illuminate these basic foundations and principles of criminal law. The law of homicide is examined to exemplify the problem of grading offenses for purposes of imposing punishment, sometimes the ultimate penalty of death for certain homicides. The crime of rape is investigated for essentially two reasons: to illustrate the role historical social stereotypes (in this case, sexual ones) play in the law and to examine the problems created in redefining legal doctrine when those stereotypes are seriously challenged; and as a vehicle for examining special actus reus and mens rea issues arising through the presence of the factor of consent in the law of rape. Finally, the materials present several inchoate crimes in order to explore the role of harm within the criminal law and to provide a vehicle for studying differentiated mens rea elements for various actus reus elements of a given offense. The book concludes with a look at accomplice liability and an examination of theories of defense. The defense doctrines present a final opportunity to consider the actus reus and mens rea principles as they relate to the issue of appropriate employment of the punitive sanction. A Teacher's Manual is available to professors.

Theories of Crime

Theories of Crime

Author: Daniel J. Curran

Publisher: Pearson College Division

ISBN: STANFORD:36105062236141

Category: Law

Page: 283

View: 645

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This book surveys the major theoretical perspectives in criminology, including biological/physiological theories, psychological/psychiatric theories, and sociological theories of crime. Each chapter provides a balanced overview, examining each theory in the context of empirical research that tests it. New chapters have been added, focusing on areas such as feminist theories of crime, the routine activities theory, control balance theory, and a chapter focusing on providing greater coverage of conflict radical theories, including left realism, peacemaking criminology, and postmodern criminology. For anyone involved in criminology studies.

Abstracts on Criminology and Penology

Abstracts on Criminology and Penology

Author:

Publisher:

ISBN: UOM:39015039484137

Category: Crime

Page: 980

View: 217

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Bimonthly. Abstracts of journal articles and monographs. Covers material from psychiatric literature as well as from criminological sources. Entries arranged in classified order. Author, subject indexes.

Psychology

Psychology

Author: E. Bruce Goldstein

Publisher: Brooks/Cole Publishing Company

ISBN: UVA:X002757707

Category: Psychology

Page: 904

View: 985

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This innovative text uses an integrative theme, levels of analysis, to help students make sense of psychology, its subdisciplines, and its relationship to other fields of study. In every chapter, Goldstein shows students how behavioral, cognitive, biological, and contextual levels of analysis, and their dynamic interplay, contribute to an understanding of the complexity of human behavior. More focused on integrating information than any other text currently available, Goldstein's text presents a coherent overview of a very diverse academic discipline, helps students see the relevance of the science of psychology to their everyday life experiences, and helps them develop the capacity to think critically about psychological claims.