Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

DePaul Journal of Health Care Law

Journal

A Humanitarian Application Framework

Articles 1 - 1 of 1

Full-Text Articles in Law

Neuroscience And The Criminal Legal System: A Humanitarian Application Framework, Dorothy Hayes Mar 2024

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 …