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"Neuroscience and neuroimaging is going to change the whole philosophy about how we punish and how we decide who to incapacitate and how we decide how to deal with people," he says, echoing comments of a growing number of leading scholars across the country, including Princeton and Harvard.
in list: Neuroethics
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the Hare Psychopathy Checklist, which measures traits such as the inability to feel empathy or remorse, pathological lying, or impulsivity
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"The scores range from zero to 40," Kiehl explains in his sunny office overlooking a golf course. "The average person in the community, a male, will score about 4 or 5. Your average inmate will score about 22. An individual with psychopathy is typically described as 30 or above. Brian scored 38.5 basically. He was in the 99th percentile."
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The extent of that revolution is hotly debated, but the influence of what some call neurolaw is clearly growing. Neuroscientific evidence has persuaded jurors to sentence defendants to life imprisonment rather than to death; courts have also admitted brain-imaging evidence during criminal trials to support claims that defendants like John W. Hinckley Jr., who tried to assassinate President Reagan, are insane. Carter Snead, a law professor at Notre Dame, drafted a staff working paper on the impact of neuroscientific evidence in criminal law for President Bush's Council on Bioethics.
in list: Neuroethics
Drug addiction reflects abnormal operation of normal neural circuitry. More than physical dependence, addiction represents changes in the brain that lead to increased craving and diminished capacity for the control of impulses. Given the growing biological understanding of addiction, it is critical for scientists to play an active role in drug policy because, as neuroscientific understanding develops, we will, to a much greater degree, be able to target specific behavioral, pharmaceutical, and neurological treatments for specific addictions. It is important to emphasize that biological explanations will not become equivalent to exculpation. Instead, the goal of explanation is to introduce rational sentencing and the opportunity for customized rehabilitation. This approach is likely to show more utility and less cost than incarceration. The neuroscientific community should continue to develop rehabilitative strategies so that the legal community can take advantage of those strategies for a rational, customized approach to drug addiction.
in list: Neuroethics
legal cases involving brain damage crop up increasingly often. As we develop better technologies for probing the brain, we detect more problems, and link them more easily to aberrant behavior.
in list: Neuroethics
Our understanding of the way the brain works could help us create a better legal system, says neuroscientist David Eagleman. - Telegraph
in list: Neuroethics
"brain scans may predict antisocial behavior before it happens, thereby possibly identify killers before they kill. When they are children."
in list: Neuroethics
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both orbitofrontal regions and the amygdala appearing smaller than normal, and a enlarged corpus callosum being present.
Now neuroscientists claim we are closer to being able to estimate brain maturity using brain scans, which might prompt lawyers to offer a defence of immaturity based on an accused individual's own brain scan.
in list: Neuroethics
A Brooklyn attorney hopes to break new ground this week when he offers a brain scan as evidence that a key witness in a civil trial is telling the truth
in list: Neuroethics
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