Coercive Brain-Reading in Criminal Justice PDF Download

Author: Sjors Ligthart
Publisher: Cambridge University Press
ISBN: 1009252461
Category : Law
Languages : en
Pages : 309

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Book Description
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.

Author: Sjors Ligthart
Publisher:
ISBN: 9781009252454
Category : Criminal investigation
Languages : en
Pages : 0

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Book Description
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.

Author: Hanna Swaab
Publisher: Elsevier
ISBN: 0128213760
Category : Science
Languages : en
Pages : 302

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Book Description
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

Author: Sjors Ligthart
Publisher: Springer Nature
ISBN: 3030692779
Category : Psychology
Languages : en
Pages : 278

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Book Description
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.

Author: Hannah Wishart
Publisher: Taylor & Francis
ISBN: 1003821464
Category : Law
Languages : en
Pages : 99

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Book Description
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.

Author: Bartosz Brożek
Publisher: Cambridge University Press
ISBN: 1316997081
Category : Law
Languages : en
Pages : 1001

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Book Description
Are the cognitive sciences relevant for law? How do they influence legal theory and practice? Should lawyers become part-time cognitive scientists? The recent advances in the cognitive sciences have reshaped our conceptions of human decision-making and behavior. Many claim, for instance, that we can no longer view ourselves as purely rational agents equipped with free will. This change is vitally important for lawyers, who are forced to rethink the foundations of their theories and the framework of legal practice. Featuring multidisciplinary scholars from around the world, this book offers a comprehensive overview of the emerging field of law and the cognitive sciences. It develops new theories and provides often provocative insights into the relationship between the cognitive sciences and various dimensions of the law including legal philosophy and methodology, doctrinal issues, and evidence.

Author: Jean-Louis van Gelder
Publisher: Routledge
ISBN: 1135123098
Category : Psychology
Languages : en
Pages : 309

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Book Description
Research and theorizing on criminal decision making has not kept pace with recent developments in other fields of human decision making. Whereas criminal decision making theory is still largely dominated by cognitive approaches such as rational choice-based models, psychologists, behavioral economists and neuroscientists have found affect (i.e., emotions, moods) and visceral factors such as sexual arousal and drug craving, to play a fundamental role in human decision processes. This book examines alternative approaches to incorporating affect into criminal decision making and testing its influence on such decisions. In so doing it generalizes extant cognitive theories of criminal decision making by incorporating affect into the decision process. In two conceptual and ten empirical chapters it is carefully argued how affect influences criminal decisions alongside rational and cognitive considerations. The empirical studies use a wide variety of methods ranging from interviews and observations to experimental approaches and questionnaires, and treat crimes as diverse as street robbery, pilfering, and sex offences. It will be of interest to criminologists, social psychologists, judgment and decision making researchers, behavioral economists and sociologists alike.

Author: Ruth Masters
Publisher: SAGE
ISBN: 0761929347
Category : Psychology
Languages : en
Pages : 297

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Book Description
Counseling Criminal Justice Offenders, Second Edition takes a practical view of offenders, their problems, and the difficulties counselors face working with them in criminal justice settings. Author Ruth E. Masters examines criminal justice counseling on an individual and group basis and in a variety of settings such as prisons, probation and parole agencies, diversion programs, group homes, halfway houses, prerelease facilities, and U.S. jails. The book also explores the many faces of offenders — young, old, male, female, and across many cultures. The Second Edition of Counseling Criminal Justice Offenders recognizes that individuals who counsel offenders in the criminal justice system often have not had the extensive training of a licensed psychologist and this text is designed to provide readers with an understanding of the counseling process. The book explores practical knowledge of legal principles, appropriate and effective counselor attitudes, and the past and present protocols of American corrections. Primarily designed for criminal justice students taking correctional counseling courses, Counseling Criminal Justice Offenders, Second Edition is also a vital resource for any Criminal Justice, Social Work, Psychology, or Counseling practitioner interfacing with offenders.

Author: Nicole Rafter
Publisher: NYU Press
ISBN: 1479894699
Category : Social Science
Languages : en
Pages : 395

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Book Description
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.

Author: Evan Stark
Publisher: Oxford University Press
ISBN: 0195384040
Category : Family & Relationships
Languages : en
Pages : 465

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Book Description
Drawing on cases, Stark identifies the problems with our current approach to domestic violence, outlines the components of coercive control, and then uses this alternate framework to analyse the cases of battered women charged with criminal offenses directed at their abusers.