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Neuroprediction: New Technology, Old Problems

Bioethica Forum, Vol. 8, P. 128, 2015

U of Penn Law School, Public Law Research Paper No. 16-1

3 Pages Posted: 27 Jan 2016  

Stephen Morse

University of Pennsylvania Law School

Date Written: 2015

Abstract

Neuroprediction is the use of structural or functional brain or nervous system variables to make any type of prediction, including medical prognoses and behavioral forecasts, such as an indicator of future dangerous behavior. This commentary will focus on behavioral predictions, but the analysis applies to any context. The general thesis is that using neurovariables for prediction is a new technology, but that it raises no new ethical issues, at least for now. Only if neuroscience achieves the ability to “read” mental content will genuinely new ethical issues be raised, but that is not possible at present.

Keywords: Criminal procedure, evidence, neurosciences, behavioral prediction, medical ethics, privacy, sentencing, corrections, parole, bail, neural measures

Suggested Citation

Morse, Stephen, Neuroprediction: New Technology, Old Problems (2015). Bioethica Forum, Vol. 8, P. 128, 2015; U of Penn Law School, Public Law Research Paper No. 16-1. Available at SSRN: https://ssrn.com/abstract=2722765 or http://dx.doi.org/10.2139/ssrn.2722765

Stephen J. Morse (Contact Author)

University of Pennsylvania Law School ( email )

3501 Sansom Street
Philadelphia, PA 19104
United States

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