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Full-Text Articles in Criminal Law
Memory And Punishment, O. Carter Snead
Memory And Punishment, O. Carter Snead
Vanderbilt Law Review
Developments in cognitive neuroscience-the science of how the brain enables the mind--continue to prompt profound scholarly debate and reflection on the practice and theory of criminal law. Advances in the field have raised vexing questions relating to lie detection, interrogation methods, the Fifth Amendment right against compelled self-incrimination, competency to stand trial, defenses to guilt (such as diminished capacity and insanity), sentencing, and the relationship between moral responsibility and punishment. Similarly, for the past decade, philosophers, scientists, clinicians, and legal scholars have been engaged in a major debate about the cognitive neuroscience of memory and new capacities to modify it …