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Race, Brain Science, and Critical Decision-Making in the Context of Constitutional Criminal Procedure

19 Pages Posted: 30 Nov 2011  

Christian Halliburton

Seattle University School of Law

Date Written: November, 30 2011

Abstract

This article surveys current and emerging neuroscience research that is uncovering deep cognitive-level and unconscious connections between race or racial constructs, perception, and decision making. Using those findings as a platform for consideration, the article addresses several implications that these cognitive patterns might have for the particular kinds of perceptual experiences and decision making opportunities that are relevant in the context of criminal law enforcement and police procedure, and begins to evaluate the influence that these cognitive trends may have on the development of specific legal regulatory mechanisms and their application to the larger law enforcement complex.

Keywords: Criminal procedure, Fourth Amendment, search and seizure, stop-and-frisk, eyewitness identifications, neuroscience, race, fMRI, bias, emotion, memory, Police procedure, use of force, perception, suspicion, credibility, trust

Suggested Citation

Halliburton, Christian, Race, Brain Science, and Critical Decision-Making in the Context of Constitutional Criminal Procedure (November, 30 2011). Gonzaga Law Review, Forthcoming; Seattle University School of Law Research Paper No. 11-32. Available at SSRN: https://ssrn.com/abstract=1966619

Christian Halliburton (Contact Author)

Seattle University School of Law ( email )

901 12th Avenue
Seattle, WA n/a 98122
United States

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