Journal of Law and Biosciences, vol 1, pp 224-236 (2014)
13 Pages Posted: 31 Aug 2014 Last revised: 27 Jul 2015
Date Written: August 29, 2014
President Obama charged the Presidential Commission for the Study of Bioethical Issues to identify a set of core ethical standards in the neuroscience domain, including the appropriate use of neuroscience in the criminal-justice system. The Commission, in turn, called for comments and recommendations.
The MacArthur Foundation Research Network on Law and Neuroscience submitted a consensus statement, published here, containing 16 specific recommendations. These are organized within three main themes: 1) what steps should be taken to enhance the capacity of the criminal justice system to make sound decisions regarding the admissibility and weight of neuroscientific evidence?; 2) to what extent can the capacity of neurotechnologies to aid in the administration of criminal justice be enhanced through research?; and 3) in what additional ways might important ethical issues at the intersection of neuroscience and criminal justice be addressed?
Keywords: law and neuroscience, psychology, neurolaw, criminal responsibility, tort liability, evidence, brain, memory, injury, emotion, lie detection, judging, psychopathy, fMRI, EEG, decision making, neuroethics, bioethics, punishment, sentencing
JEL Classification: K14, K40, K42
Suggested Citation: Suggested Citation
Jones, Owen D. and Bonnie, Richard J. and Casey, BJ and Davis, Andre and Faigman, David L. and Hoffman, Morris B. and Montague, Read and Morse, Stephen and Raichle, Marcus E. and Richeson, Jennifer A. and Scott, Elizabeth S. and Steinberg, Laurence and Taylor-Thompson, Kim A. and Wagner, Anthony D. and Yaffe, Gideon, Law and Neuroscience: Recommendations Submitted to the President's Bioethics Commission (August 29, 2014). Journal of Law and Biosciences, vol 1, pp 224-236 (2014). Available at SSRN: https://ssrn.com/abstract=2489072