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Neuroscience And The Criminal Legal System: A Humanitarian Application Framework, Dorothy Hayes
Neuroscience And The Criminal Legal System: A Humanitarian Application Framework, Dorothy Hayes
DePaul Journal of Health Care Law
Advancements in neuroscience call our intuitive notion of free will into question—and by implication, invite a reassessment of the United States criminal legal system and its reliance on radical personal agency. In the backdrop of the evolving landscape of neuroscience and neurolaw is an inquiry: how do we appropriately and ethically incorporate advancements of these fields into law and policy? This paper pulls that question to the forefront, advocating for a humanitarian-forward framework to guide the process. The framework emphasizes the Daubert standard, addresses the “G2i” problem, and includes a balancing test to ensure the protection of neurorights. The paper …