Neuroscience and legal determination of criminal responsibility.
Neuroscience is increasingly identifying associations between biology and violence that appear to offer courts evidence relevant to criminal responsibility. In addition, in a policy era of 'zero tolerance of risk', evidence of biological abnormality in some of those who are violent, or biological markers of violence, may be seized on as a possible basis for preventive detention in the interest of public safety. However, there is a mismatch between questions that the courts and society wish answered and those that neuroscience is capable of answering. This poses a risk to the proper exercise of justice and to civil liberties.
St George's, University of London, Cranmer Terrace, London SW17 0RE, UK. neastman@sgul.ac.uk
Nigel
N
Eastman
Colin
C
Campbell
D000987:Antisocial Personality Disorder / Q000235:genetics / Q000473:pathology / Q000523:psychology; D001921:Brain / Q000473:pathology / Q000503:physiopathology; D003415:Crime / Q000331:legislation & jurisprudence*; D003416:Criminal Law; D003617:Dangerous Behavior; D006801:Humans; D028642:Persons with Psychiatric Disorders / Q000523:psychology; D009488:Neurosciences / Q000331:legislation & jurisprudence* / Q000379:methods*; D012941:Social Responsibility