Vulnerable Defendants and Neuroscience in Courtrooms Worldwide

Forthcoming, NEUROLAW IN THE COURTROOM: COMPARATIVE PERSPECTIVES ON VULNERABLE DEFENDANTS (series in CONTEMPORARY ISSUES IN CRIMINAL JUSTICE AND PROCEDURE). New York: Routledge 3-20 (Hannah Wishart & Colleen M. Berryessa, eds. 2023)

Fordham Law Legal Studies Research Paper No. 4647101

16 Pages Posted: 28 Nov 2023

Date Written: November 28, 2023

Abstract

This chapter examines how different criminal justice systems treat vulnerable defendants through a comparative analysis of empirical research on neuroscientific evidence in criminal cases. The discussion focuses on five systematic studies: one carried out in the United States and the others conducted in five additional countries—Canada, England and Wales, the Netherlands, and Slovenia. This international approach gives a new lens to defendant vulnerability by deciphering the techniques and hurdles different criminal justice systems face and the solutions they seek. It also provides a vehicle for framing the picture of "vulnerability" in light of the term's definitional vagueness. Whether neuroscience can come to the rescue remains to be seen, yet such a proposition makes sense morally, legally, and pragmatically.

Suggested Citation

Denno, Deborah W., Vulnerable Defendants and Neuroscience in Courtrooms Worldwide (November 28, 2023). Forthcoming, NEUROLAW IN THE COURTROOM: COMPARATIVE PERSPECTIVES ON VULNERABLE DEFENDANTS (series in CONTEMPORARY ISSUES IN CRIMINAL JUSTICE AND PROCEDURE). New York: Routledge 3-20 (Hannah Wishart & Colleen M. Berryessa, eds. 2023), Fordham Law Legal Studies Research Paper No. 4647101, Available at SSRN: https://ssrn.com/abstract=4647101

Deborah W. Denno (Contact Author)

Fordham University School of Law ( email )

Fordham University School of Law
150 West 62nd Street
New York, NY 10023
United States
212-636-6868 (Phone)
212-636-6899 (Fax)

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