Using Cognitive Neuroscience to Provide a Procedure for the Involuntary Commitment of Violent Criminals as a Part of or Following the Duration of Their Sentence: The Model Statute

Abstract

When criminal behavior is the result of impulse rather than intent, neither retribution nor deterrence is in the best interests of the courts, the state, or the offender. The aims of criminal law should be adjusted where neuroscientific evidence reveals brain impairments or injuries that affect volition and control. They should strive, among other things, to: (1) reduce recidivism; (2) predict future dangerousness; and (3) provide rehabilitation to those with brain injuries or impairments. Cognitive neuroscience has provided an important contribution toward achieving these objectives and should have a larger role in our criminal justice system.

Keywords: neuroscience, criminal law, sentencing, confinement, constitutional law, due process

JEL Classification: K40