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Author last name Year Title Author s Citation Abstract Abrams Who's Afraid of Law and the Emotions? It has become a varied and dynamic body of work, mobilizing diverse disciplinary understandings, to analyze the range of emotions that implicate law and legal decisionmaking. Yet mainstream legal academics have often greeted it with ambivalence. They have not predictably viewed it as a resource for addressing questions within their substantive fields; it is often treated as a novel academic pastime rather than an instrument for addressing practical problems.

This reception contrasts sharply with that accorded to two fields that have also challenged dominant notions of legal rationality: In this Article, we examine the ambivalent reception of this promising body of work.

We conclude that it may reflect the persistence of a rationalist tendency in law, and an incomplete grasp of the benefits of understanding these essential constituents of human cognition and motivation. We contend that the best answer to such resurgent doubt is to demonstrate the pragmatic potential of this scholarship. Notwithstanding the breadth of its epistemological challenges, law and emotions scholarship can contribute to the familiar normative work of the law—revising and strengthening existing doctrine, improving decisionmaking, and informing new legal policies.

We elaborate the pragmatic potential of law and emotions by identifying three dimensions of this scholarship: In demonstrating the utility of law and emotions scholarship, we also respond to some of the explicit concerns that have been raised about purposive legal intervention in the emotions.

Adelsheim Functional Magnetic Resonance Detection of Deception: Great as Fundamental Research, Inadequate as Substantive Evidence Charles Adelsheim 62 Mercer L. To explain this conclusion, this Article consists of four sections: Aggarwal The Neuroethics and Neurolaw of Brain Injury Neil K. Neuroethics and neurolaw are fields of study that involve the interface of neuroscience with clinical and legal decision-making.

The past two decades have seen increasing attention being paid to both fields, in large part because of the advances in neuroimaging techniques and improved ability to visualize and measure brain structure and function. Traumatic brain injury TBIalong with its acute and chronic sequelae, has emerged as a focus of neuroethical issues, such as informed consent for treatment and research, diagnostic and prognostic uncertainties, and the subjectivity of interpretation of data.

The law has also more frequently considered TBI in criminal settings for exculpation, mitigation and sentencing purposes and in tort and administrative law for personal injury, disability and worker's compensation cases.

This article provides an overview of these topics with an emphasis on the current challenges that the neuroscience of TBI faces in the medicolegal arena. Aggarwal Neuroimaging, Culture, and Forensic Psychiatry Neil K. This article surveys the neuroethics and neurolegal literature on the use of forensic neuroimaging within the courtroom.

Next, the related literature within medical anthropology and science and technology studies is reviewed to show how debates about forensic neuroimaging reflect cultural tensions about attitudes regarding the self, mental illness, and medical expertise.

Finally, recommendations are offered on how forensic psychiatrists can add to this research, given their professional interface between law and medicine. At stake are the fundamental concerns that surround changing conceptions of the self, sickness, and expectations of medicine. Aguirre Functional Neuroimaging: Technical, Logical, and Social Perspectives Geoffrey K.

Aguirre 44 s2 Hastings Center Report S8 Neuroscientists have long sought to study the dynamic activity of the human brain—what's happening in the brain, that is, while people are thinking, feeling, and acting.

Ideally, an inside look at brain function would simultaneously and continuously measure the biochemical state of every cell in the central nervous system. While such a miraculous method is science fiction, a century of progress in neuroimaging technologies has made such simultaneous and continuous measurement a plausible fiction. Despite this progress, practitioners of modern neuroimaging struggle with two kinds of limitations: In this essay, I consider the liabilities and potential of techniques that measure human brain activity.

I am concerned here only with methods that measure relevant physiologic states of the central nervous system and relate those measures to particular mental states. I will consider in particular the preeminent method of functional neuroimaging: While there are several practical limits on the biological information that current technologies can measure, these limits—as important as they are—are minor in comparison to the fundamental logical restraints on the conclusions that can be drawn from brain imaging studies.

Aharoni Predictive accuracy in the neuroprediction of rearrest Aharoni, E. Social neuroscience 1 Aharoni Neuroprediction of Future Rearrest Eyal Aharoni, Gina M. Calhoun, Walter Sinnott-Armstrong, Michael S. Kiehl 15 PNAS Identification of factors that predict recurrent antisocial behavior is integral to the social sciences, criminal justice procedures, and the effective treatment of high-risk individuals.

The odds that an offender with relatively low anterior cingulate activity would be rearrested were approximately double that of an offender with high activity in this region, holding constant other observed risk factors.

These results suggest a potential neurocognitive biomarker for persistent antisocial behavior. Aharoni Can Psychopathic Offenders Discern Moral Wrongs? Kiehl 2 J. The present study evaluated this view by examining the extent to which incarcerated offenders with varying degrees of psychopathy could distinguish between moral and conventional transgressions relative to each other and to nonincarcerated healthy controls. Task performance was explained by some individual subfacets of psychopathy and by other variables unrelated to psychopathy, such as IQ.

The authors conclude that, contrary to earlier claims, insufficient data exist to infer that psychopathic individuals cannot know what is morally wrong. Aharoni Can Neurological Evidence Help Courts Assess Criminal Responsibility? To answer this question, we must first specify legal criteria for criminal responsibility and then ask how neurological findings can be used to determine whether particular defendants meet those criteria.

Cognitive neuroscience may speak to at least two familiar conditions of criminal responsibility: Functional neuroimaging studies in motor planning, awareness of actions, agency, social contract reasoning, and theory of mind, among others, have recently targeted a small assortment of brain networks thought to be instrumental in such determinations.

Advances in each of these areas bring specificity to the problems underlying the application of neuroscience to criminal law. Alces Naturalistic Contract Peter A. Alces in Commercial Contract Law: Transatlantic Perspectives Cambridge University Press, Larry A. DiMatteo, Qi Zhou, Severine Saintier, Keith Rowley eds. Contract doctrine should instantiate or at least not frustrate the operation of the normative calculus. The chapter assesses whether contract doctrine is deficient in forwarding such normative commitments.

At the least, the normative inquiry is opaque as it relates to contract doctrine. The chapter describes the normative impotence of contract by focusing on the two foundations of consensual liability: The material on mistake, impracticability, and the modification of contract doctrine depicts how risks are allocated. The chapter draws from the most recent United States Supreme Court arbitration decisions to illustrate the failure of the agreement principle.

The chapter suggests that contract law doctrine can only make sense if we take account of the fundamental bases of the normative considerations we actually bring to the resolution of a contract controversy. Finally, the chapter describes the apposite contract doctrine and surveys, summarily, the commentary that reveals the normative quandaries.

It engages primarily apposite consequentialist theory but also suggests the limits of a deontological perspective that is subject to the same deficiencies as utilitarian analyses.

From those premises apposite neuroscience findings are considered to see what, if anything, a more sophisticated sense of human agency can do to refine either the formation or application of doctrine.

Ultimately, the chapter concludes that contract doctrine fails, at least in crucial ways and at crucial junctures, in relation to the preceding normative commitments.

Alexander Criminal and Moral Responsibility and the Libet Experiments Larry Alexander Conscious Will and Responsibility: A Tribute to Benjamin Libet Oxford Univ. This chapter analyzes how Libet's experiments bear on criminal and moral responsibility. More specifically, it addresses the question of whether Libet has demonstrated that the consciously willed bodily movement, the centerpiece of our notions of criminal and moral responsibility, is an illusion.

It suggests that the gatekeeper role for conscious will, which Libet allows, does not require any revision of traditional notions of moral and criminal responsibility. Alexander Functional Magnetic Resonance Imaging Lie Detection: Although governments and their institutions see deception detection as vital to their interests, their legal systems and citizens may not approve of their torture machines or other tactics. They frequently turn to their scientists to invent more humane deception detection devices, and functional magnetic resonance imaging fMRI may be the newest deception detector.

Even if fMRI fulfills this role, fMRI may not pass our legal system and its admissibility standards for novel scientific evidence. It also examines how past courts have treated detection devices as novel scientific evidence under the general acceptance standard of Frye and the flexible review for reliability Rule according to Daubert and its progeny. It then follows with an analysis of recent fMRI deception detection experiments and how gatekeepers might treat fMRI results or testimony in both Frye and Daubert jurisdictions.

Although this article concludes by casting doubts on the admissibility of this evidence, it may assist readers with their understanding of how the neuroscience and technology of fMRI may impact its admissibility under either Frye or Daubert in the future. Allen Law Firm Leadership on the Neuro Frontier Stephanie W. What we are learning about the brain affects three factors critical to law firms and to each individual lawyer: Amirian Weighing the Admissibility of fMRI Technology under FRE For the Law, fMRI Changes Everything -- and Nothing Justin Amirian 41 Fordham Urb.

Ananthaswamy AI Lie Detection Could Help Crack Terror Cells Anil Ananthaswamy NewScientist, Mar. Anderson Impairment of Social and Moral Behavior Related to Early Damage in Human Prefrontal Cortex Steven W. Anderson, Antoine Bechara, Hanna Damasio, Daniel Tranel, Antonio R. Damasio 2 11 Nature The long-term consequences of early prefrontal cortex lesions occurring before 16 months were investigated in two adults.

As is the case when such damage occurs in adulthood, the two early-onset patients had severely impaired social behavior despite normal basic cognitive abilities, and showed insensitivity to future consequences of decisions, defective autonomic responses to punishment contingencies and failure to respond to behavioral interventions.

Unlike adult-onset patients, however, the two patients had defective social and moral reasoning, suggesting that the acquisition of complex social conventions and moral rules had been impaired. Thus early-onset prefrontal damage resulted in a syndrome resembling psychopathy.

Andorno Do Our Moral Judgements Need To Be Guided By Principles? Roberto Andorno 21 4 Cambridge Quarterly of Healthcare This paper argues that, although principles play a key role in our moral judgments, these latter cannot be reduced to the result of purely deductive reasoning, since they previously require another kind of rationality: This claim is developed in two parts.

The first part briefly presents some of the criticisms levelled in recent decades against purely deductive moral theories.

Andorno What is the Role of 'Human Nature' and 'Human Dignity' in Our Biotechnological Age? Roberto Andorno 3 1 Amsterdam Law Forum 53 Rapid developments in genetics and reproductive technologies, including the prospect of human genetic engineering, cloning and various forms of enhancing human capacities, oblige us to face very old questions that have been largely abandoned in modern philosophy.

What does it mean to be human? What constitutes a meaningful life? Do human beings have intrinsic worthiness? What values should guide society in making its choices? In this paper, I first argue that these fundamental questions are today more valid than ever, and that they need to be specifically addressed in the context of human biotechnological interventions and not lumped together with other technological developments.

Second, I briefly explore the question of whether the notions of human nature and human dignity can contribute to the efforts that are aimed at responding to the new dilemmas posed by technological interventions on ourselves and on our descendants. Andorno The Precautionary Principle: A New Legal Standard for a Technological Age Roberto Andorno 1 J. Int'l Biotechnology Law 11 The precautionary principle is basically an appeal to caution addressed to policy makers who must take decisions about products or activities that could be seriously harmful to public health or the environment.

For that reason, this emerging principle of international law does not offer a predetermined solution to every new problem raised by scientific uncertainty. On the contrary, it is just a guiding principle that provides helpful criteria for determining the most reasonable course of action in confronting situations of potential risk. Andrews Avoiding the Technical Knockout: Tackling the Inadequacies of Youth Concussion Legislation Erin P.

Imagining a New Era of Neuroimaging, Neuroethics, and Neurolaw George J. However, because only limited data exist regarding the impact of such evidence on decision makers and the public at large, we recruited a representative sample of the U. Participants were presented with descriptions of three legal cases and were asked to: A fully crossed, between-participants, factorial design was used, varying the type of evidence none, genetic, neuroimaging, bothheinousness of the crime, and past criminal record, with sentence or verdict as the primary outcome.

Also assessed were participants' apprehension of the defendant, belief in free will, political ideology, and genetic knowledge. Across all three cases, genetic evidence had no significant effects on outcomes. Neuroimaging data showed an inconsistent effect in one of the two cases in which it was introduced. In contrast, heinousness of the offense and past criminal record were strongly related to participants' decisions.

Moreover, participants' beliefs about the controllability of criminal behavior and political orientations were significantly associated with their choices. Our findings suggest that neither hopes that genetic evidence will modify judgments of culpability and punishment nor fears about the impact of genetic evidence on decision makers are likely to come to fruition. Appelbaum Impact of Behavioral Genetic Evidence on the Adjudication of Criminal Behavior Paul S.

Psychiatry Law 91 Recent advances in behavioral genetics suggest a modest relationship among certain gene variants, early childhood experiences, and criminal behavior.

Although scientific research examining this link is still at an early stage, genetic data are already being introduced in criminal trials. In the present study, a representative sample of the U.

The participants were asked to identify the crime that the defendant had committed and to select an appropriate sentence range. Evidence of genetic predisposition did not affect the crime of which the defendant was convicted or the sentence. However, participants who received the abuse or genetic abuse explanation imposed longer prison sentences. Paradoxically, the genetic and genetic abuse conditions engendered the greatest fear of the defendant.

These findings should allay concerns that genetic evidence in criminal adjudications will be overly persuasive to jurors, but should raise questions about the impact of genetic attributions on perceptions of dangerousness. Appelbaum The New Lie Detectors: Neuroscience, Deception, and the Courts Paul S. Appelbaum 58 Psychiatry Servs. Use of functional magnetic resonance imaging in lie detection derives from studies suggesting that persons asked to lie show different patterns of brain activity than they do when being truthful.

Issues related to the use of such evidence in courts are discussed. The author concludes that neither approach is currently supported by enough data regarding its accuracy in detecting deception to warrant use in court. Appelbaum Behavioral Genetics and the Punishment of Crime Paul S. The development of medicine and related branches in Turkey generally demonstrates a parallelism with the examples from the similar countries in the world.

In brief, the contemporary criterions are applicable to both education and daily practices of these fields. In this context, the headlines under the disciplines of neurology and neurosurgery shall be evaluated from the medical ethics and medical law points of view under the heading of scientific neureothics and neurolaws. Today, the worthiness problems related with the end of life constitute one of the most important subjects of discussion in medical ethics.

In the neurology area, where this problem frequently arises, the commands: The specialists on neurosurgery and neurology in Turkey are legally tasked among the decision-making doctors in this subject.

Therefore, this is one of the headings that will be discussed in the text from both ethical and deontological or medical law points of view. Here, we shall discuss how the concept of informed consent may be applied to the patient and subject groups which the neurological sciences deal with in the normal daily medical applications and in research phases and the potential problems related with it. Another concept to be scrutinized here is how experimental treatments may be turned out to be a subject of hope trade in some communities.

Arkush Situating Emotion: A Critical Realist View of Emotion and Nonconscious Cognitive Processes for Law and Legal Theory David J. Arkush BYU L. It surveys evidence from psychology and neuroscience on the extensive role that emotion and related nonconscious cognitive processes play in human behavior, then evaluates the treatment of emotion in three legal views of decision-making: The article concludes that each theory is mistaken to treat emotion mostly as a decision objective rather than a part of the decision-making process and, indeed, to treat it as a force that mostly compromises that process.

The article introduces the view that emotion is a critical behavioral process that plays a role in most decisions, often nonconsciously, and is not readily amenable to accumulation or maximization.

The article discusses the broad implications of this view for welfarist legal theory and policy generally and an ongoing debate on risk regulation between behavioral economists and cultural cognition theorists.

It also briefly sketches potential applications for the law of employment discrimination, consumer protection, and criminal law. Arnaudo La ragione sociale. Saggio di economia e diritto cognitivi [On Social Reason. An essay in cognitive economics and law] Luca Arnaudo Luiss University Press The book reconstructs the path followed by the economic thought for switching from a rigid axiomatic approach to an experimental-cognitive approach with a distinctive evolutionary flavor and based upon neuroscience knowledge, pursuing a distinctive history of ideas.

The book proposes then a similar path to be followed also by the legal thought, in view of reaching a unifying decision theory to be adopted by law and economics for a better understanding and management of human behaviors.

Arnaudo Cognitive Law: An Introduction Luca Arnaudo 19 Digest. Law Journal 1 Over the past decades cognitive neuroscience has achieved major results in better understanding the neural basis of human behavior.

Finally, the essay focuses on possible improvements of legal drafting and law enforcement due to a better cognitive-behavioral knowledge of reactions to legal provisions, also by means of practical experiments.

Aronson The Law's Use of Brain Evidence Jay D. Brain imaging techniques have already been used to detect brain injury, assess pain, and determine mental state and capacity for rational thought. There is also much excitement about using neuroimaging to detect lies and deception in legal and national security contexts. Neuroscientists still do not fully understand the link between brain activity and behavior or memory formation.

Important legal and ethical questions remain unresolved, particularly around the potential effect on juries and judges of colorful, but scientifically unproven, brain images.

Finally, the very impetus behind the use of neuroscience in the legal system—to avoid the subjectivity and uncertainty of more traditional methods for assessing thought and behavior—may be misguided. Aronson Neuroscience and Juvenile Justice Jay D. Aronson 42 Akron L. Aronson discusses whether the new neuroscience provides sufficiently reliable evidence to establish meaningful differences between adolescent and adult brains and whether science should mitigate the culpability of juvenile defendants and prevent them from being tried in the adult criminal justice system.

He concludes that there is still too much scientific disagreement about the relationship between brain structure and decision-making capacity to even contemplate using neuroscience in this way. He notes that the few studies that have shown some link have had significant methodological flaws. In the end, Aronson is not convinced that neuroscience will be able to explain adequately why some teenagers commit crimes and others do not because so many other factors are involved in anti-social behavior, especially socioeconomic issues.

He concludes by suggesting that our desire to find a scientific solution to questions of justice may be fundamentally misguided. Aronson Brain Imaging, Culpability and the Juvenile Death Penalty Jay D. Supreme Court banned the death penalty for offenders under the age of 18 years. Central to Simmons's defense was new brain imaging evidence suggesting that the regions of the brain responsible for decision making and impulse control are not as well developed in adolescents as in adults, thereby rendering adolescents less culpable for the crimes they commit.

Although these images were not explicitly cited in the Court's decision, they were hailed by anti-death penalty advocates as the wave of the future.

However, legal advocates and scientists should be cautious in using cutting-edge neuroscience for criminal justice purposes for several reasons. First and foremost, no definitive link between brain structure and deviant behavior has been established. Furthermore, very little is known about the developmental threshold that separates juvenile decision-making ability from adultlike decision-making ability.

Arrigo Punishment, Freedom, and the Culture of Control: The Case of Brain Imaging and the Law Bruce A. Critical social theory and philosophy criminology insights regarding the use of fMRI were taken into account. Ethical implications of fMRI technology are also discussed. Aspinwall The Double-Edged Sword: Does Biomechanism Increase or Decrease Judges' Sentencing of Psychopaths? Brown, James Tabery Science We tested whether expert testimony concerning a biomechanism of psychopathy increases or decreases punishment.

In a nationwide experiment, U. Evidence presented at sentencing in support of a biomechanical cause of the convict's psychopathy significantly reduced the extent to which psychopathy was rated as aggravating and significantly reduced sentencing from Content analysis of judges' reasoning indicated that even though the majority of judges listed aggravating factors Our results contribute to the literature on how biological explanations of behavior figure into theories of culpability and punishment.

Atiq How Folk Beliefs about Free Will Influence Sentencing: A New Target for the Neuro-Determinist Critics of Criminal Law Emad H. This article answers in the affirmative, and offers a novel argument for the transformative import of modern science.

Problematic assumptions about free will have a role to play in criminal law not because they underlie substantive legal doctrine or retributive theory, but because everyday actors in the sentencing process are authorized to make irreducibly moral determinations outside of the ordinary doctrinal framework.

As a result, sentencing actors give legal effect to widely held folk beliefs about free will—beliefs that the evidence suggests are both scientifically suspect and morally distorting. The relevant beliefs make adjudicators less likely to attend to the underlying causes of crime, such as social deprivation—a tendency that biases adjudicators against relevant arguments for mitigation in sentencing.

Modern science could have an important corrective effect in this context. Austin Drink Like a Lawyer: The Neuroscience of Substance Use and Its Impact on Cognitive Wellness Debra S. Austin Nevada Law Journal Lawyers have a powerful voice in the American legal system, government, and news and entertainment businesses. But do they make their contributions to society while impaired? Lawyers suffer from higher levels of anxiety and depression than the rest of the population, but most do not start law school with these mental health issues.

Law students, lawyers, and judges are vulnerable to substance abuse because drugs of abuse can make a lawyer feel less stressed. Disciplinary actions against attorneys involve substance abuse percent of the time. Law students, lawyers, judges, and law professors will benefit from the knowledge of how stress and substance use effect the lawyer brain. The article concludes with neuroscience-based recommendations for law students, lawyers, judges, law schools, and law firms to optimize brain health and lawyer wellness.

Avraham Does the Theory of Insurance Support Awarding Pain and Suffering Damages in Torts? This chapter disputes this logic on several levels. Moreover, non-monetary losses are likely to be correlated with monetary losses, and this correlation generates a demand for insurance covering both types of losses under the traditional model used by law and economics scholars.

Coverage of non-monetary losses can also be demanded under many plausible alternatives to expected utility theory. The chapter also takes issue with the empirical evidence that some have interpreted as suggesting a lack of demand for coverage of non-monetary losses.

Finally, the chapter suggest that future advances in neuroscience may make it possible to accurately measure mental states associated with pain and suffering, obviating the need for the subjective testimony that introduces so much noise into the assessment of these damages. Azzini Come lavorare su casi e materiali nel campo delle scienze e del diritto: Framing Risks of Mild Traumatic Brain Injury in American Football and Ice Hockey Kathleen E.

According to the prevailing risk frame, an acceptable level of safety can be maintained in these contact sports through the application of technology, rule changes, and laws. An alternative frame acknowledging that these sports carry significant risks would produce very different ethical, political, and social debates. Bader The Psychology of Mediation: Issues of Self and Identity and the IDR Cycle Elizabeth E. They may be described in different ways.

Sometimes people speak of a party's need to save face, or of a person's ego clouding their thinking, or, in psychoanalytic terms, of narcissistic issues, a term which no longer necessarily connotes pathology.

However they are described, they are part and parcel of the fabric of mediation. Put simply, most people take the conflict personally and the outcome of the mediation as a reflection of who they are. This article discusses these issues by drawing on modern psychoanalytic theory. The dynamics in mediation are reviewed in light of the work of Margaret Mahler, the 'self' psychologists, attachment research and intersubjective psychoanalysis.

Cognitive and social science research, neuroscience, and views of self and identity in certain spiritual traditions are also reviewed. As psychoanalytic developmental research shows, much of the hostility and sense of insult one encounters in mediation is a normal defensive reaction to feelings of vulnerability.

Paradoxically, some who are most challenged will present as though they were least troubled, manifesting arrogance instead of vulnerability. The concept of psychological power imbalance is introduced. This occurs when people with different types of ego structure negotiate together.

Special problems relating to narcissistic defenses and narcissistic personality structures are also discussed. It is posited that the process of mediation often follows a certain pattern due to the role that issues of self and identity play in mediation.

The author has denominated this the "IDR Cycle. As the mediation continues, and contact with the other parties and the mediator intensifies, there is inevitably a kind of deflation. Finally, the party learns to hold the varying views of the situation in mind, and to weigh choices.

This is a kind of wisdom akin to what Margaret Mahler called 'object constancy,' or what Peter Fonagy and colleagues refer to as 'reflective functioning. In some cases, the process involves a renegotiation of identity. Faced with the painful, practical dilemma inherent in the conflict, the parties begin to realize their situation is exacerbated by the linkage in their minds between the outcome of the mediation and their identities.

Under the pressure of the conflict, and hopefully with appropriate assistance from the mediator, they finally manage to cut the link between the two. The release that follows allows for clearer thinking and reflective functioning. This psychological, spiritual and practical achievement heralds the possibility of resolution. The importance of the mediator's respect or deep recognition of the parties is also emphasized.

Respect has the advantage of validating the party as a human being while simultaneously addressing the psychological issue inevitably being stimulated by the mediation - the validity, stability and value of the party's sense of identity. Deep recognition is seen as contrasting with and complementing 'mindfulness' practice and with recognition as discussed in other spiritual traditions and by intersubjective theorists. Mediation practice is also discussed at length in this article.

In particular, the importance of the mediator's skill in dealing with her own narcissistic issues is emphasized. This article analyses neuronal determinism neurodeterminism and mentions that at first sight it appears to be a type of qualified determinism.

Neurodeterminism is better conceived as determinism tout court when it is applied to human beings. It differs importantly from genetic determinism, together the two views that are often regarded as similar in form if not in content. Moreover, the article examines the question of genetic determinism, because it is a paradigm of qualified determinism.

It provides an understanding of what neurodeterminism consists of, shows that it should be conceived as determinism tout court when it is applied to human beings, imparting an empirical turn to a very old metaphysical conundrum. Baird Juvenile Neurolaw: When It's Good It is Very Good Indeed, and When It's Bad It's Horrid Abigail A.

Supreme Court case Ayotte v. Planned Parenthood, which dealt with the constitutionality of the New Hampshire Parental Notification Prior to Abortion Act requiring parental consent for abortions in minors. Topics include juveniles' ability to make health care decisions and the history of parental consent laws in the U. Baird The Emergence of Consequential Thought: Evidence from Neuroscience Abigail A.

Fugelsang Law and the Brain Oxford Univ. The ability to think counterfactually about the consequence of one's actions represents one of the hallmarks of the development of complex reasoning skills. The legal system places a great emphasis on this type of reasoning ability as it directly relates to the degree to which individuals may be judged liable for their actions.

The present paper reviews both behavioural and neuroscientific data exploring the role that counterfactual thinking plays in reasoning about the consequences of one's actions, especially as it pertains to the developing mind of the adolescent. On the basis of assimilation of both behavioural and neuroscientific data, it proposes a brain-based model that provides a theoretical framework for understanding the emergence of counterfactual reasoning ability in the developing mind.

Baker Time for Change: Handling Child Prostitution Cases in Georgia K. Michael Baker 4 J. First, Georgia should adopt the Child Protection and Public Safety Act, originally introduced in the state Senate in This legislation should establish that: In addition, the legislation should retain a criminal element giving discretion to the court for determining whether the rehabilitative process in Article 6 is futile.

If the process is futile, then the case may proceed through the court process with a delinquency petition.

Ball Damages and the Reptilian Brain David Ball SEP Trial 24 Balmakund The Realities of Neurolaw: The Cognitive Science of Gruesome Photos and Victim Impact Statements Susan A. We use two types of evidence to illustrate our argument: As some scholars have noted, emotional responses to evidence are not necessarily prejudicial responses. But this observation captures only a small part of the problem with the current evidentiary framework. Emotions do not always lead to prejudice, but they can lead to prejudice in more complex and subtle ways than previously recognized.

For example, anger toward the defendant elicited by victim impact statements may result in an inability to remain open to evidence favoring the defense, to greater certainty about the verdict, and to a desire to punish. Other emotions, such as sadness or sympathy, have other effects on the deliberative process. Conversely, emotional responses to evidence play a role in assessing probative value, and this function of emotion receives little or no recognition in evidentiary discourse.

Without accounting for the role of emotion in the reasoning process, it is difficult to examine how the medium affects the message. Whether the emotions evoked by evidence interfere with deliberation depends on what emotions the evidence evokes, how they affect the deliberative process, and what the deliberative process is meant to accomplish.

We argue that the cognitive sciences, including psychology and neuroscience, can shed substantial light on the first and second of these questions. The third is a legal question, but one that should be informed by a more informed and realistic understanding of decisional dynamics. Bandes Moral Imagination in Judging Susan A. Bandes 51 Washburn L. This notion of rationality has long been a subject of criticism, but few of its critics have had kind words for the role of empathy or moral imagination in the judicial process.

Yet empathy and moral imagination implicate questions that go to the heart of longstanding jurisprudential debates. What factors are relevant to principled adjudication? How do judges give meaning to spacious, indeterminate terms like due process and equal protection of law? What institutional reforms might serve to improve the quality of the deliberative process? I will argue that the denial of indeterminacy and the myth of the omniscient judge pose significant barriers to the rule of law.

The widespread reaction against the role of empathy is based on unrealistic and largely undefended notions of the judicial role and the process of judicial deliberation. More broadly, it reflects assumptions about deliberation that are increasingly out of synch with developing understandings of moral cognition. Empathy and moral imagination, properly understood, are part of the solution to the problem of unaccountable judges interpreting indeterminate law, rather than part of the problem.

Bandes The Promise and Pitfalls of Neuroscience for Criminal Law and Procedure Susan A. Bandes 8 Ohio St. The symposium, based on papers presented at an AALS Criminal Justice Section panel at the Annual Meeting, contains an introduction by its guest editor Deborah Denno, and articles by Alafair Burke, John Darley, and Andrew Taslitz.

Bandes Repellent Crimes and Rational Deliberation: Emotion and the Death Penalty Susan A. There is some truth to the notion that heinous murders and other shocking crimes place an enormous strain on the criminal justice system and may exert a destructive influence on institutional process. Nevertheless, the argument that strong emotion interferes with rational deliberation begs the question: In this article, Bandes argues for an understanding of rational deliberation that recognizes its pervasive emotional content.

Bandes suggests that the legal system operates on certain misconceptions about emotion that are harmful to the institutional process. The most pervasive misconception is that the very attempt to address emotion is destabilizing to the rule of law. Though the legal system rarely incorporates scientific or social-scientific knowledge of emotional dynamics, it nevertheless operates on its own assumptions about how emotions work.

It tends to take three approaches to emotion: This article argues that the legal approach to emotion and rationality is based on three primary misconceptions about the nature of emotion: Using the example of capital punishment, Bandes illustrates that these misconceptions have serious consequences for the structure and operation of the capital system.

Banks Do We Really Know What We Are Doing? Implications of Reported Time of Decision for Theories of Volition William P. Isham Conscious Will and Responsibility: Is the moment of conscious decision known as Was timed by Benjamin Libet and colleagues, a measure of volition?

This chapter discusses a new experiment showing that the perceived time of response known as M is also shifted by the same auditory cue that shifts W. The experiment showed that the strength of the tactile sensation of pressing the response button does not affect the apparent time of response or the auditory cue.

A second experiment showed that judgments of another person performing in a Libet task show an effect of the delayed cue on M and W.

Two final experiments showed that use of a digital clock gives results quite different from the analog clock most often used in these studies. The chapter argues that many inferences drawn from M and W reported from an analog clock need to be reconsidered. It also discusses implications for theories of volition.

Barbee Juveniles are Different: Juvenile Life Without Parole After Graham v. Florida Michael Barbee 81 Miss. A computerized device MST-CARATwas used by comparing the test performance measures with the results of the practical driving tests. The results show that the neuropsychological aspects deserve greater attention in temporal lobe epileptic patients in general and in those epileptic patients receiving non-monotherapy especially on Phenobarbital. The level of driving skill of well-treated idiopathic generalized epileptic patients was similar to that of normal drivers.

Bard Oh Yes, I Remember it Well: Why the Inherent Unreliability of Human Memory Makes Neuroimaging Technology a Poor Measure of Truth-Telling in the Courtroom Jennifer S. Bard University of New Mexico Law Review We all know that human memory is unreliable.

But we consider less often is how difficult it is evaluate our own memories for accuracy. The song referenced in the title of this article concerns a conversation about two lovers describing their first meeting - in all good faith both remember it quite differently. Yet the quest to know the thoughts of others as well as identify when we are being deliberately deceived has encouraged the application of newly developed technologies to the task of reading minds.

This article takes a new approach to considering the prospect of mind reading technology in that it reviews the claims made by those selling access to thoughts in light of the current cognitive understanding about human memory which requires us to retire the heuristic of the brain as a camera.

It then links the current understanding of memory with the strong criticisms made by the Innocence Project and others seeking to overturn wrongful convictions about the misuse and over-reliance on eye-witness testimony which also is based on a misunderstanding of the inherent unreliability of memory. It argues that both information from neuroimaging and direct eye-witness testimony must meet rigorous standards for admitting forensic scientific evidence before being offered to juries to assist in fact-finding.

It also addresses the tenacity of the claim that there is such a thing as direct access to past events whether through eye-witness testimony or neuroimaging. Any law student who has taken Evidence has read about, or better experienced, an experiment in which a man bursts into a crowded classroom, runs through shouting and then leaves. When questioned directly after the event there is strong disagreement among the witnesses as to what the man was saying, what he was wearing and whether or not he had a gun.

Based on the work of psychologist Elizabeth Loftus, now on the faculty of the University of California at Irvine Law School, this experience, more than any dry article about cognitive science, demonstrates the inherent unreliability of human memory and the conviction of eye-witnesses about what they have seen.

Lawyers involved in the Innocence Project which is seeking to challenge wrongful convictions based on eye-witness testimony by examining conflicting DNA evidence have further brought these findings to public attention. These companies are advertising this technology as a tool for law enforcement and promoting its use in U. This article explores these claims that neuroimaging scans can be used to detect lies, which far exceed those made by responsible scientists, and also puts them in the context of a series of U.

Supreme Court cases which have dramatically changed how scientific forensic evidence can be presented to the jury in criminal trials. In this article I argue that promises of lie detection are not only based on false premises, but they are harmful to the integrity of the legal system because they seek to substitute a technology, which is not just undeveloped and inadequately tested but inherently flawed, for the judgment of the fact-finder, judge or jury, in a criminal trial.

I conclude that even if there was neuroimaging technology which could provide direct access to human thought, the result would share the inaccuracies and subjectivity that we already know is an inherent feature of human memory. Moreover, because this technology promises to do something that jurors know they cannot - determine when a person is lying - there is a substantial risk that it will prejudice defendants because jurors will substitute the results of the technology for their own collective judgment.

Barillare As Its Next Witness, the State Calls. While these analyses have the potential to be extremely useful, the continued proliferation of these technologies throughout the law enforcement community and judicial system will raise serious constitutional issues. Specifically, the article examines the Fifth Amendment implications of the government compelling a criminal suspect to undergo a Brain Fingerprinting analysis and using the resulting evidence against them at trial.

The author ultimately argues that although Brain Fingerprinting appears directed at obtaining physical evidence, it actually sweden stock market charting software india testimonial psychological responses that force a suspect to reveal the contents of his mind and involuntarily how to make money with carbon credits incriminating information to the government in violation of the Fifth Amendment.

Due to the involuntary nature of Brain Fingerprinting—no questions or answers are required and the suspect cannot prevent his brain from emitting the critical brain waves—compelling a suspect to submit to a Brain Fingerprinting analysis would be akin to forcing him to testify against himself at his own trial.

Despite the pitfalls of compelled Brain Fingerprinting, the use of voluntary Brain Fingerprinting has the potential to be an effective tool in ensuring justice is served by exonerating innocent suspects and those who may have been wrongfully convicted.

Barnard Deception, Decisions, and Investor Education Jayne W. Barnard stock market easter hours Elder L. Because older adults those aged sixty and older are disproportionately victims of investment fraud schemes, many educational programs are targeted at them.

In this article, Professor Barnard questions the effectiveness of these programs. She then suggests that many of the factors that contribute to fraud victimization are unlikely to be influenced by fraud prevention education. She also recommends alternative uses for the money now spent on fraud prevention education that would better achieve the goal of protecting older investors.

Barnden Artificial Intelligence, Mindreading and Reasoning in Law John A. Peterson 22 Cardozo L.

The authors argue, however, that commonsense reasoning, and mindreading in particular, are not adequately described in this way: In this way, one party temporarily puts himself or herself certainly in the other party's shoes, without relying wholly on a neat and explicit system of rules. They also describe the ATT-Meta system, an artificial intelligence program one of whose functions is to model mindreading through simulation. The creation of such a model is valuable in part because it forces us to clearly formulate the details of how the relevant processes are achieved, in particular the nested process of reasoning about another party's reasoning.

Barnhorn Speak the Truth and Tell No Lies: An Update for the Employee Polygraph Protection Act David Barnhorn, Joey E. Pegram 29 Hofstra Lab. In addition to these gaps in the legislation, new and increasingly intrusive technology is being marketed as a lie detection device.

These shortcomings and technological advancements urgently require a change in the EPPA's statutory framework. The purpose of this Note is to outline the changes necessary to cure the current weaknesses in the EPPA and bring it up to date. Section II describes the history of the polygraph itself as well as the EPPA. Section III outlines the current statutory provisions and the corresponding regulations of the EPPA and discusses the law's exemptions in detail.

Lastly, Section V proposes amendments and modifications to the EPPA to update the law and ensure its continued effectiveness. Barros Human Behavior, Evolution, and the Law: The Case of the Biology of Possession Benjamin Barros Prop.

Recent scholarship has suggested that respect for possession may be an innate aspect of human behavior. Jeffrey Evans Stake argued in that pgo trading system is an evolutionary basis for an instinct to respect possession.

More recently, Ori Friedman and Karen Neary have published the results of psychological studies suggesting that both adults and children tend to associate prior possession with ownership. These studies suggest that the respect for possession that is at the center of our property law may be consistent with — and, indeed, may have its basis in — basic human behavioral tendencies.

In this Essay, Barros considers the relevance of this behavioral research to normative issues in property law. Along the way, Barros discusses the broader issue of the potential relevance of biological facts about human behavior to the law. In contrast, he argues that evolutionary arguments like those made by Stake are not relevant to property or other legal issues. Second, drawing in part on arguments recently developed by Brian Leiter and Michael Weisberg, he argues that evolutionary facts, even if scientifically well founded, have little or no relevance to normative legal issues, in property or otherwise.

Barth A Double-Edged Sword: The Role of Neuroimaging in Federal Capital Sentencing Abram S. The impact of frontal lobe dysfunction to the behavior of an individual is taken into account. Current federal procedure for capital cases are also discussed. Key information about the role of defense counsel and forex primeros pasos health experts in neuroimaging cases is also presented.

Baskin Is a Picture Worth a Thousand Words? Neuroimaging in the Courtroom Joseph Average daily indian forex turnover. The historical use of neurologic evidence in criminal cases was taken into account as well as the attempt to create a science of criminality.

Current research on the attempt to google stock option vesting schedules functional imaging in constructing a neuropathologic diagnosis are reviewed. Key information about brain imaging and relevant neuroanatomy is also presented. Batts Brain Lesions and Their Implications in Criminal Responsibility Shelley Batts 27 Behav. Until recently, determining the mental state of a defendant has fallen largely upon the shoulders of court psychologists and experts in psychiatry for qualitative assessments related to NGRI pleas and mitigation at sentencing.

However, advances in neuroscience - particularly neurological scanning techniques such as magnetic resonance imaging MRIfunctional magnetic resonance imaging fMRIcomputed tomography scanning CTand positron emission tomography scanning PET - may provide additional, pertinent biological evidence as to whether an organically based mental defect exists.

With increasing frequency, criminal defense attorneys are integrating neuroimaging data into hearings related to determinations of guilt and sentencing mitigation. This is of concern, since not all brain lesions and abnormalities indicate a compromised mental state that is relevant to knowing whether the act was wrong at the time of commission, and juries may be swayed by neuroscientific evidence that is not relevant to the determination of the legal question before them.

This review renko bars forex factory historical and modern cases involving the intersection of brain lesions and criminality, neuroscientific perspectives of how particular types of lesions may contribute to a legally relevant mental defect, and how such evidence might best be integrated into a criminal trial.

Bauermeister Responding to Juror Bias—Gaining Insight From Forex goiler review Neuroscience Don C. Bauermeister Winter ATLA-CLE 89 Becker A Glimpse into the Future? Can fMRI play a meaningful role in estimating recidivism rates and in sentencing? Beecher-Monas Overselling Images: Statistical Inference in Court Erica Beecher-Monas 46 Ariz.

The use of statistics is basic to scientific endeavors. But judges frequently misunderstand the terminology and reasoning of the statistics used in scientific testimony. The way scientists understand causal inference in their writings and practice, for example, differs radically from the testimony jurists require to prove causation in court.

The result is a disconnect between science as it is practiced and understood by scientists, and its legal lost money in binary options in the courtroom. Nowhere is this more evident than in the language of statistical reasoning. Beecher-Monas Genetic Predictions of Future Dangerousness: Is There a Blueprint for Violence?

At least since the late Nineteenth Century, courts and prisons have attempted to discriminate between the innately criminal, and those who acted merely by force of circumstance whose crimes, being caused by circumstance rather than nature, would not pose a future danger to society. In order to distinguish the dangerous criminals from the forex rates in london circumstantial ones, predictions of future dangerousness became vital to the criminal justice system, and continue as a pervasive influence in death penalty adjudications and sex offender civil commitment hearings.

This article discusses the fallacy of genetic determinism and explains the complex interactions between genes, environment and developmental forces in generating behavior. Beecher-Monas Danger at the Edge of Chaos: Currently, experts are permitted to proffer opinions in death sentencing proceedings that have little grounding in science, without any examination of the scientific validity of their assertions.

They are permitted to do so because, despite being widely castigated as wholly unscientific by the scientific community, predictions of future dangerousness were found to be constitutionally admissible in Barefoot v. Standards for evaluating expert testimony have changed considerably since Barefoot, however. The Supreme Court, through its Daubert line of cases, has caused a paradigm shift in the evaluation of scientific evidence in both state and federal courts. The kind of unscientific predictions proffered in Barefoot continue nonetheless to be routinely admitted in sentencing proceedings without any judicial gatekeeping efforts.

The tension between the scientific scrutiny required for admissibility even in civil cases where money damages are at stake and the unscientific predictions freely admissible in capital sentencing determinations where the issue is death is, at best, troubling. This article explores the validity of dangerousness predictions in light of the latest scientific research about brain structure and function. It also discusses the development of actuarial instruments to assess risk, and compares three predominant actuarial instruments.

Based on criteria scientists themselves use to assess validity, as well as the Supreme Court's requirements in Andreea d money maker lyrics, Joiner, and Kumho Tire, this article outlines a framework for sound analysis of scientific evidence regarding predictions of future violence.

Drawing on insights from brain science as well as complexity theory and empirical studies of jury decision-making, this article concludes that although actuarial instruments should be used with caution, they offer improvements over the unaided judgment of juries and over the kind of unscientific assertions about future dangerousness currently typical in capital sentencing proceedings.

This is an important and timely issue, because the consequences of misleading the jury in a death sentencing determination are severe, not only for the defendant, but for a society that values justice and aspires to rationality. The Law and the Brain: This essay explores the application of Daubert gatekeeping requirements to mental capacity testimony.

It contends that an opinion as to the existence and implications of a hypothesized mental state must be based on empirical data, and that judges who admit testimony without such a basis are avoiding their gatekeeping responsibilities. Brain science, however, is an evolving field, requiring flexibility on the part of judges who must be prepared to continually rethink issues of mental disorder in the light of new data and new understandings of how complex systems like the brain work.

This may be a tall order for judges who prefer certainty and stare decisis, but it is necessary to the proper evaluation of scientific testimony. The essay also presents some foundational concepts to guide judges in their task.

Belcher Neuroscience Basics Annabelle M. Roskies in Primer on Criminal Law and Neuroscience, OUP, Adina L. More recently, neuroscience has combined with social psychology and with economics to produce social neuroscience and neuroeconomics. Each of these amalgamations has been revolutionary in its own way.

Neurolaw extends this trend. Bellin Significance If Any for the Federal Criminal Justice System of Advances in Lie Detector Technology Jeffrey Bellin 80 Temp. The Article concludes that the hearsay prohibition, which has been largely ignored by courts and commentators, is the primary obstacle to the future admission of scientifically valid lie detector evidence.

The Article also suggests a potential solution to the hearsay problem that may allow admission of lie detector evidence in narrowly defined circumstances.

The New Science of Criminal Injustice Adam Benforado Penguin Random House A child is gunned down by a police officer; an investigator ignores critical clues in a case; an innocent man confesses to a crime he did not commit; a jury acquits a killer. The evidence is all around us: Our system of justice is fundamentally broken.

Even if the system operated exactly as it was designed to, we would still end up with wrongful convictions, trampled rights, and unequal treatment.

This is because the roots of injustice lie not inside the dark hearts of racist police officers or dishonest prosecutors, but within the minds of each and every one of us. This is difficult to accept. Our nation is founded on the idea that the law is impartial, that legal cases are won or lost on the basis of evidence, careful reasoning and nuanced argument. In Unfair, Benforado shines a light on this troubling new field of research, showing, for example, that people with certain facial features receive longer sentences and that judges are far more likely to grant parole first thing in the morning.

Over the last two decades, psychologists and neuroscientists have uncovered many cognitive forces that operate beyond our conscious awareness. Until we address these hidden biases head-on, Benforado argues, the social inequality we see now will only widen, as powerful players and institutions find ways to exploit the weaknesses of our legal system. Benforado The Body of the Mind: Embodied Cognition, Law, and Justice Adam Benforado 54 St.

According to the embodied or grounded cognition perspective, the body is involved in the constitution of the mind. Thus, beyond our conscious awareness, an abstract concept, like trustworthiness, may be primed by sensorimotor experience, like feeling physical warmth.

This Article introduces recent insights from this budding field, discusses some of the potential implications of experiments in embodied cognition for courtroom interactions, and addresses the significant challenges to using this research as a means to reform.

Bennett Unspringing the Witness Memory and Demeanor Trap: What Every Judge and Juror Needs to Know About Cognitive Psychology and Witness Mark W. Bennett 64 American University L.

This invariably implicates the credibility of witnesses. Yet, thousands of cognitive psychological studies have provided major insights into witness memory and demeanor.

The resulting cognitive stock market terms definitions principles that are now widely accepted as the gold standard about witness memory and demeanor are often contrary to what jurors intuitively, but wrongly, believe.

Most jurors believe that memory works like a video camera that can perfectly best automated forex broker australia the details of past events.

Rather, memory is more like a Wikipedia page where you can go in and change it, but so can others. Memories are so malleable, numerous, diverse, and innocuous post-event information alters them, at times in very dramatic ways. Memories can be distorted, contaminated, and even, with modest cues, falsely imagined, even in good faith.

For example, an extremely small universe of people have highly superior autobiographical memory HSAM. They can recall past details like the color of the shirt they were wearing on August 1, from memory almost as well as a video camera. Yet, in one study, HSAM participants falsely remembered seeing news film clips of United Flight 93 crashing in a field in Pennsylvania on September, 11, No such film exists. Thus, no group has ever been discovered that is free from memory distortions.

In one interesting study, students on a college campus were asked to either perform or imagine certain normal and bizarre actions: Two weeks later, the students were tested and demonstrated how to make money selling jewelry on etsy imagination inflation leading to false recognition of whether they performed or imagined the actions. Few legal principles are more deeply embedded in American jurisprudence than the importance of demeanor evidence in deciding witness credibility.

Historically, demeanor evidence is one of the premises for the need for live testimony, the hearsay rule, and the right of confrontation under the Sixth Amendment to the U. Another series of studies indicate that demeanor evidence predicts witness truthfulness about as accurately as a coin flip. Once credibility determinations are made by the fact-finder, it is nearly impossible to overturn those decisions on post-trial motions or appeal.

While the secrecy in which credibility determinations are made promotes the legitimacy of fact-finding, it also shrouds its countless failings. Despite years of overwhelming consensus among cognitive psychology scholars and numerous warnings from thoughtful members of the legal academy — judges fx greece forex trading system for mt4 download done virtually nothing to identify or begin to try and solve this serious problem.

The one exception is eyewitness identification of suspects in criminal cases where several state supreme courts have relied heavily courses for stock market beginners in hyderabad cognitive psychological research to craft better science- based specialized jury instructions. This article examines in detail and analyzes the often amazing and illuminating cognitive psychological research on memory and demeanor.

It concludes with a Proposed Model Plain English Witness Credibility Instruction that synthesizes and incorporates much of this remarkable research. Brain Waves in the Courtroom Alison K. Bennion Banning the Bing: Why Extreme Solitary Confinement Is Cruel and Far Too Usual Punishment Elizabeth Bennion 90 Ind. The length is often indefinite and can stretch for weeks, months, years, or decades.

Under these conditions, both healthy prisoners and those with pre-existing mental health issues often severely deteriorate both mentally and physically. New science and data provide increased insight into why and how human beings and other social animals deteriorate and suffer in such environments.

The science establishes that meaningful social contacts and some level of opportunity for sensory enrichment are minimum human necessities. When those necessities are denied, the high risks of serious harm apply to all prisoners, no matter how seemingly resilient beforehand.

Given these facts, this Article argues that solitary confinement, as commonly practiced in the United States, is cruel and unusual punishment — whether analyzed under current Supreme Court standards or an improved framework.

Furthermore, recently released data on states implementing reforms shows that extreme solitary confinement tactics are counterproductive to numerous policy interests, including public safety, institutional safety, prisoner welfare, and cost efficiency. Both the scientific and policy data suggest possible avenues for effective reform.

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Bennion A Right to Remain Psychotic? When is involuntary treatment justified? This Article briefly examines the history of the involuntary treatment debate and how society arrived at the present imbalance. It then considers the implications of current scientific research on the brain and the nature of severe mental illness, using schizophrenia as an illustrative example.

It also defends the proposed new standard against potential constitutional challenges. The new standard would allow involuntary treatment for a limited number of years after onset of severe psychotic symptoms under specified conditions. Because brain science is currently an area of explosive growth and discovery, this Article recognizes that any involuntary treatment standard will need to be continually re-examined and revised in light of scientific progress.

Anderson, Marie Buda, Jon S. Tests based on these markers interpret the presence or absence of memory-related neural activity as diagnostic of whether or not incriminating information is stored in a suspect's brain. This conclusion critically relies on the untested assumption that reminders of a crime uncontrollably elicit memory-related brain activity. However, recent research indicates that, in some circumstances, humans can control whether they remember a previous experience by intentionally suppressing retrieval.

We examined whether people could use retrieval suppression to conceal neural evidence of incriminating memories as indexed by Event-Related Potentials ERPs. When people were motivated to suppress crime retrieval, their memory-related ERP effects were significantly decreased, allowing guilty individuals to evade detection.

Our findings indicate that brain measures of guilty knowledge may be under criminals' intentional control and place limits on their use in legal settings. Berlin Neuroimaging, Expert Witnesses, and Ethics: Convergence and Conflict in the Courtroom Leonard Berlin 5 2 AJOB Neuroscience 3 Roentgen's discovery of the x-ray in not only provided physicians with a remarkable visual tool to diagnose and treat human diseases and injuries, but it also provided the judiciary system with the ability to assess the extent and degree of injury suffered by individuals who became victims of negligent conduct by physicians, fellow citizens, industrial entities, or criminal behavior.

Bertolino Il "Breve" Cammino del Vizio di Mente. A Comeback to the Organicist Paradigm] Marta Bertolino 3 Criminalia. Ad arricchire la funzione cognitiva di tale accertamento contribuiscono di recente senza dubbio le neuroscienze, le cui conquiste scientifiche si sono rapidamente imposte all'attenzione degli studiosi. Beschle Cognitive Dissonance Revisited: Simmons and the Issue of Adolescent Decision-Making Competence Donald L.

Beschle 52 Wayne L. Bianchi Neuroscienze cognitive e diritto: Bigler Neuroimaging in Forensic Psychiatry: From the Clinic to the Courtroom Wiley-Blackwell, Joseph R. In neurological and neuropsychiatric disorders computed tomography CT and magnetic resonance imaging MRI are the standards. The basics of CT and MRI are reviewed, with an emphasis on MRI, including quantitative methods used to assess the integrity of brain structure.

MRI methods to assess the brain's connectivity using diffusion tensor imaging DTI are covered along with functional neuroimaging methods, in particular functional MRI fMRI. Binford Criminal Capacity and the Teenage Brain: Ibidapo lawal forex information culled from this groundbreaking research tells not just how, but why, adolescents act the way they do from the perspective of neuroscience.

Apparently, it does, at least in the United States Supreme Court, which recently struck down a series of controversial sentencing practices involving children, including the death penalty and mandatory life imprisonment without the possibility of covered call option trading strategy. In issuing these decisions, the U. Supreme Court expressly cited the recent findings of neuroscientists as a reason for their decisions.

This article summarizes recent neurological research on teen brain development and briefly highlights recent U. Supreme Forum trade binary options profitably decisions that appear to have been influenced by the latest neuroscientific research.

Bird Cognitive Neuroscience as a Model for Neural Software Patent Examination Joseph S. Bird 31 AIPLA Q. Neural software, also known as neural computation or artificial intelligence "AI"is software that performs functions analogous to the central nervous system—rather than those normally performed by machines as is the realm of conventional software inventions. The intangibility of neural software makes categorization especially difficult within the present PTO system of classification.

A new set of categories would help the PTO and practitioners keep track of important similarities and distinctions among neural software inventions. This new classification system, to be used in addition to the existing application-specific classifications of the PTO, should be created based on cognitive neuroscience. Birke Neuroscience and Negotiation Richard Birke 17 Disp. A search in Amazon. A similar search of NPR's Internet archives shows more than 3, stories on the workings of the brain.

Every week, magazine covers from such prominent journals as The New York Times Nse bank nifty options Review, The Economist, Science News, and Newsweek display elegant and colorful chromatographic pictures of human brains. The stories within offer neuroscientific explanations for everything from why your teenage son is so moody to why humans are predisposed to believe in a supreme being to why people feel pain in phantom limbs.

Neuroscience has attracted fans from far outside the scientific community and from advantages of binary option handeln divergent areas of life. David Brooks, the popular conservative columnist for The New York Times, has recently written The Social Animal, a book that details his belief that the study of the brain is the next significant frontier in intellectual and political development. The Dalai Lama has coauthored several works discussing his understanding of how meditative practice changes brain development and how tapping into the power of the brain holds the greatest promise to create lasting peace.

Neuroscience has, it seems, attracted both the left and right. Neuroscience has become ubiquitous. Birke Neuroscience and Settlement: An Examination of Scientific Innovations and Practical Applications Richard Birke 25 Ohio St.

This comment will correlate the recent advances both technologically and in the understanding of neurological functions that have occurred in the field of medicine with current concepts and dogma which are present in the legal system.

We are not attempting to evaluate all biological, sociological, or psychological factors that deal contingent fx forward the occurrence of criminal activities. Blank Brain Policy: How the New Neuroscience Will Change Our Lives and Our Politics Robert H. In the first book to examine the implications of the full range of revolutionary interventions now possible in the human brain, Robert H.

Blank warns that while these new techniques may promise medical wonders, they also raise profound political questions. Our rapidly unfolding knowledge about the brain and the accompanying applications have three main policy dimensions: But underlying these aspects, Blank argues, are more disturbing issues that pose fundamental challenges to our conceptions of equality, autonomy, freedom, responsibility, and human nature itself.

Brain Policy makes the key facts from the technical literature virtual stock market software india accessible to social how to make money in stocks for beginners and general readers and points out the implications for our society. Blank first explains the structure and function of the nervous system and current theories of brain operation; he then assesses the uses and potential abuses of various intervention techniques.

He identifies the public policy issues raised by discoveries in the neurosciences and calls for intensified scrutiny of the advantages and disadvantages of new technologies. Warning that the risks and dangers of the dramatic developments in neuroscience are potentially large, Blank offers a means of understanding these scientific advances and the philosophical and political issues they entail.

This book will be of interest to social scientists, policy analysts, policy makers, bioethicists, scientists who want to see the bigger picture, and the informed reader with an interest in the implications of neuroscience for themselves and society.

Blasi What Lawyers Know: Lawyering Expertise, Cognitive Science, and the Functions of Theory Gary L. A broader view of the role of theory in law practice is proposed; implications for legal education are considered. Blaustone Improving clinical judgment in lawyering with multidisciplinary knowledge about brain function and human behavior: Beryl Blaustone 40 U.

These emerging theories indicate that, as human beings, our perceptions and memories are flawed, and as a result, lawyers work with distorted information that influences our thinking. This article describes how the brain functions to create these distortions, how this affects law practice, and how we can teach students to compensate for these deficiencies in thinking.

I argue that these premises should be integrated into the teaching of law and lawyering to law petstock lilydale trading hours. Haynes Neuroscience and Crime: A Special Issue of Neurocase Psychology Press, Hans Markowitsch, ed.

Many conventional techniques for revealing concealed information have focused on detecting whether a person is responding truthfully to specific questions, typically using some form of lie detector.

However, lie detection has faced a number of criticisms and it is still unclear to what degree conventional lie detectors can be used to reveal concealed knowledge in applied real-world settings.

Here, the authors review the key problems with conventional lie-detection technology and critically discuss the potential of novel techniques that aim to directly read concealed mental states out of patterns of brain activity. Blitz Freedom of Thought for the Extended Mind: Cognitive Enhancement and the Constitution Marc J.

But while the Court has often celebrated freedom of thought, it has never clearly defined it or delineated its contours. Or does it have independent force? This Article suggests an answer by looking at a form of government regulation that arguably limits our right to think, or enhance our powers of thought, without limiting our freedom of speech or worship.

More specifically, it asks whether the Constitution's freedom of thought places limits on the extent to which officials make money selling microstock restrict our use of cognitive-enhancement technology. Bloch Changing the Topography of Sentencing Kate E. This overview gives a brief view of two of the models, the community justice court and neuroscience and drug treatment, as well as the make money teaching acls model, restorative justice, which is the subject of the article following this overview essay.

Learning and Legal Education Kate E. Research in education, cognitive and experimental psychology and neuroscience are a few of many fields that can offer insight into legal academic techniques that can be used to improve teaching and learning in the classroom.

Bloom Does Neuroscience Give Us New Insights Into Drug Addiction? Bloom A Judge's Guide to Neuroscience 42 SAGE Center For the Study of the Mind, As neuroscience becomes a more readily available resource in the courtroom, educating judges on the importance of the interaction between neuroscience and law has become a necessity. Blume Life, death, and neuroimaging: Paavola 62 Mercer L. Drawing on examples from our no hassle cash rewards credit card capital one practice, we discuss the role neuroimaging can play in capital cases.

More importantly, however, we also discuss the pros and cons of the defense's use of neuroimaging in these cases. Our take-home message is that neuroimaging is never the first option in a capital case, and it should only be considered after 1 a comprehensive social history investigation has been conducted; 2 a comprehensive neuropsychological battery of tests has been administered to the client; and 3 the client has been evaluated by a neuropsychiatrist or neurologist who is familiar with neuropsychological testing and its social history and who is sensitive to the dangers of neuroimaging.

In sum, neuroimaging is not an investigative tool; it is a confirmatory and explanatory tool and even then, only in the right case. Part II of this Article briefly describes some of the most commonly elizabeth moneymaker imaging techniques in capital cases.

Part III uses a case example to illustrate how a carefully crafted mitigation story can successfully incorporate cutting-edge brain imaging. Part IV, however, describes some potential disadvantages and risks we have experienced. Consciousness and Responsibility in American Legal Thought Susanna Blumenthal Susanna Blumenthal, Law and the Modern Mind: Consciousness and Responsibility in American Legal Thought Harvard, Blumenthal Emotional Paternalism Jeremy A.

Commentators reviewing such work have begun to discuss its practical implications for the law. Most recently, they have focused in particular on what the research might suggest for an increased third-party role to help protect individuals from their own biases.

That is, the most recent discussion has focused on the findings' implications for the appropriateness and scope of paternalistic policies. This paternalism discussion, however, has been incomplete in a number of contexts.

First, despite a substantial focus on the implications of the first line of scholarship documenting cognitive biasescommentators have addressed the implications of emotional biases far less.

Second, much of the most recent discussion has been in the context of intervention by private parties such as a company's conduct encouraging employees free indian stock market tips for intraday participate in k plansrather than addressing potential governmental steps, legislative or judicial, to protect individuals from their errors.

Finally, although commentators have recently noted the part time typing jobs from home port elizabeth of comparing the costs and benefits of paternalistic interventions, there has been little specification of those costs and benefits. In particular, commentators in this area have largely avoided the question of how difficult it might be to correct such biases, and thus how effective any such interventions might in fact be.

In this article Blumenthal evaluates and extends this developing discussion of using social science data to justify paternalism, addressing these three gaps in the literature as well as other issues and examples. After a critical review of the existing literature, including discussion of whether paternalistic intervention is justified in the first place, he moves to remedy some of these gaps.

Blumenthal documents not only cognitive, buying royal mail shares in an isa emotional biases that people forex m15 system subject to, including a number that have been little discussed in legal academia.

He notes the importance of such emotional biases to legal decision-making and illustrates potential legal errors to which they may lead. Blumenthal also mentions implications of such errors for paternalistic intervention by government, both by legislatures and by courts.

In the distinct contexts of cognitive and emotional biases, one sort of government intervention may be appropriate where another is not. Finally, Blumenthal takes steps toward evaluating the effectiveness of measures to correct cognitive and emotional biases, a step mentioned but not pursued in discussions of social science and paternalism.

Specifically, he draws on empirical social science literature to examine whether effective mechanisms exist to correct various cognitive and emotional biases at the individual level, with implications for policy at the larger interpersonal and societal level.

Throughout, Blumenthal identifies maplestory earn mesos guide objections to some of the points he raises, summarizing and concluding with further speculation about the appropriateness of paternalistic intervention by the State. Blumenthal Law and the Emotions: The Problems of Affective Forecasting Jeremy A.

In parallel with the rise of such commentary, legal scholars have begun to discuss the role of emotions in legal discourse. Discussion turns on the appropriateness of various emotions for the substantive law, and on attempts to model the place of the emotions in the law. Implicit in some of these theories, however - and explicit in others - is the assumption that emotions are predictable, manageable, and for some commentators under conscious control. This assumption is belied by psychological research on money lesson 2nd grade forecasting that demonstrates individuals' inability forex swap ne demek accurately predict future emotional states, both their own and others'.

Such inaccuracy has surprisingly broad implications for both substantive and procedural aspects of the legal system. The research findings also demonstrate the implausibility of some theoretical models of the emotions; if these models are flawed, then the normative conclusions drawn from them may be flawed as well.

This article reviews the psychological data demonstrating inaccuracies in affective forecasting, and spins out their implications in a number of substantive legal areas. The data show potential flaws in the way civil juries assign compensatory awards, and in our approach to certain aspects of sexual harassment law. The findings have profound implications not only for the presentation of victim impact statements to capital juries, but also undercut some abolitionist claims regarding the suffering that death row prisoners experience.

Contract law is implicated by these findings, especially in the context of contracts for surrogate motherhood. And the data are relevant to areas of health law as well - for instance, regarding the use of advance directives broadly as well as in the specific context of euthanasia. The article also discusses broader issues, such as the implications of the affective forecasting research for theories of law and the emotions more broadly.

In this discussion it includes some of the specific drawbacks to some current theories. In addition, it addresses the data's implications for theories of welfare and well-being that underlie much legal policy, as well as some speculation about what the findings might have to say about potential paternalistic policies. Blumoff Rationality, Insanity, and the Insanity Defense: Reflections on the Limits of Reason Theodore Y. When those perceived forces persevere for even a fairly short period of aps forex nehru place, they can dictate the performance of evil deeds that the individual ultimately feels helpless to oppose.

Blumoff When Nature and Nurture Collide: Early Childhood Trauma, Adult Crime, and the Limits of Criminal Law Theodore Y. Blumoff Carolina Academic Press Professor Blumoff, who is trained in psychology and law, has spent the last decade trying to bring population-wide observations from the brain sciences to the jurisprudence of criminal law, thus producing a better model of human behavior for understanding criminal misconduct. This work examines the neuropsychological injuries suffered by seriously abused and neglected children, towards an explanation for why those children produce children who tend to abuse and neglect their own children and sometimes others.

This is just a brute social fact. The book is structured in three parts, Part I engages the science of child development.

Part III speaks to anticipated objections and proposals for change. This book should be of interest to anyone who teaches criminal law and procedure or is involved in the administration of criminal justice, including those individuals who provide social services to the incarcerated.

It could be an assigned text in a law and psychiatry course or a criminal law or jurisprudence seminar. This book is also useful for students and teachers in specialized post-graduate criminology programs, federal and state law enforcement agencies that profile offenders, specialists in the jurisprudence of punishment, and some upper-division courses in criminal justice.

Blumoff The Brain Sciences and Criminal Law Norms Theodore Y. Blumoff 62 Mercer L. Given the advances in imaging and behavioral genetics, however, neuroscience is sufficiently mature today to effect some global procedural and substantive changes in our criminal law jurisprudence based on our advantages of binary option handeln understanding of behavioral norms - e.

In this work, Blumoff surveys many of the presuppositions that guide work in a jurisprudence grounded in neuroscience and behavioral genetics and suggests how the findings in these areas could prove useful in effecting real change. Blumoff The Neuropsychology of Justifications and Excuses: Some Cases from Self-Defense, Duress, and Provocation Theodore Y. Blumoff 50 Jurimetrics J. Justifications and excuses in the boundary cases trigger both our emotional and cognitive processing areas almost simultaneously.

The emotions tend to precede the cognitive but only long enough to focus attention on the immediate threat. The conceptual blur will continue as long as our jurisprudence categorizes rigidly conduct that exists only on a continuum. This is not a new problem.

The law tends to break down into categories - guilty or not guilty, for example. But the world is not binary; it is continuous and categorical thinking tends to distort our view of the world. Blumoff How Some Criminals are Made Theodore Y. Blumoff Law and Neuroscience: Current Legal Issues Oxford Univ. Press, Michael Freeman, ed. Some kids have bad luck. This is a brute sociological fact.

This paper hopes to explain why this is the case, at least for some children, and perhaps especially for those who enter the world with low levels of monoamine oxidase type A MAOAa brain enzyme responsible for inhibiting neurotransmitters associated with aggression.

Blumoff The Problems with Blaming Theodore Y. This work examines the social practice of blaming, beginning with a prominent view of the moral philosophy of blaming, the semantics of character that support this and related views, and the social and cultural biases we bring to the process of attributing blame.

Our penchant for blaming is too often manifest in a hyper-willingness to attribute wrongdoing solely to the character of the wrongdoer, often overlooking the salience of the varied situations in which the wrongdoer google stock option vesting schedules himself.

Finally, Blumoff addresess the role of blaming as part of the paradox of evil, and presents an outline for a different approach. Bockman Cybernetic-Enhancement Technology and the Future of Disability Law Collin R.

Bockman 95 Iowa L. Impending developments in neuroscience technology, including brain-computer interfaces and robotic prosthetics that surpass levels of ordinary human functionality, will raise novel legal and ethical questions.

Congress recently amended the ADA to bar courts from taking mitigating factors into account when determining whether a claimant is ADA-protected. The ADA and its amendments embody disability by legislating the existence of disability as within the body of the disabled, rather than as a social construct determined by societal norms. This Note suggests changes to the ADA that would help prepare the ADA for the increasingly broad spectrum of ability that will accompany humanity through the twenty-first century.

The Politics of Prohibition and the Future of Enforcing Social Policy From Inside the Body Richard G. Used as part of a drug treatment program, pharmacotherapy medications may provide valuable assistance for people voluntarily seeking a chemical aid in limiting or eliminating problem drug use.

This article concludes that in the absence of extraordinary prospect theory and herding behavior in the stock market, governmental action forcing or coercing a person to use a pharmacotherapy drug would violate a number of important legal rights.

Among the rights implicated by compulsory use of pharmacotherapy drugs are the right to informed consent, the right to bodily integrity and privacy, the protection against cruel and unusual punishment, and the right to freedom of thought or cognitive liberty. Bonnie The Teenage Brain: Adolescent Brain Research and the Law Richard J.

Scott 22 Current Directions in Psychological Science In this article, we explore the emerging and potential influence of adolescent brain science on law and public policy. The primary importance of this research is in policy domains that implicate adolescent risk taking; these include drug and alcohol use, driver licensing, and criminal justice.

We describe the emerging importance of brain science in the Supreme Court and other policy arenas. Finally, we argue that current research cannot contribute usefully to legal decisions about individual adolescents and should not be used in criminal trials at the present time, except to provide general developmental information. Bonnie Reforming Juvenile Justice: A Developmental Approach Richard J.

Chemers, and Julie Schuck, Editors; Committee on Assessing Juvenile Justice Reform; Committee on Law and Justice; Division of Behavioral and Social Sciences and Education; National Research Council The National Academies Press Adolescence is a distinct, yet transient, period of development between childhood and adulthood characterized by increased experimentation and risk-taking, a tendency to discount long-term consequences, and heightened sensitivity to peers and other social influences.

A key function of adolescence is developing an integrated sense of self, including individualization, separation from parents, and personal identity. Experimentation and novelty-seeking behavior, such as alcohol and drug use, unsafe sex, and reckless driving, are thought to serve a number of adaptive functions despite their risks. Bonnie The Virtues of Pragmatism in Drug Policy Richard J. Expanding the potential market for these drugs will increase the likelihood that they will be developed in the first place.

I say this because a sensible drug policy will encourage, and indeed subsidize, the use of evidenced-based, cost-effective addiction treatments. The basic thrust of my argument is that we need a stable, essentially pragmatic, drug policy that avoids the ideologically driven positions that have for so long dominated policy discourse and, because they are so contentious, have tended to paralyze policy-making.

Just to give you a point of reference, I believe that the only time such a policy was actually in place was about 30 years ago during the Nixon and Ford administrations and the early years of the Carter administration. A little detour here may be in order.

The statement I just made is admittedly somewhat self-serving. The final report, issued the following year, recommended a framework for drug policy that remains pertinent today. During the following several years, I served as an adviser to the Directors of what was then called the Special Action Office of Drug Abuse Prevention SAODAP in the White Housewas appointed Secretary of the first National Advisory Council on Drug Abusecontributed to the first several Federal Strategies on Drug Abuse and helped write an important White Paper on Drug Abuse for the Ford Administration Bonnie Responsibility for Addiction Richard J.

The terrain is divided into three parts: In general, the paper defends the thesis that recent scientific developments have sharpened but not erased traditional understandings in the first two areas, while recent legal developments have exposed new and intriguing theories of responsibility for managing.

Borgelt "This is why you've been suffering": Buchman, Judy Illes 8 Bioethical Inquiry 15 Mental health care providers increasingly confront challenges posed by the introduction of new neurotechnology into the clinic, but little is known about the impact of such capabilities on practice patterns and relationships with patients. We conducted 32 semi-structured telephone interviews with mental health care providers representing psychiatry, psychology, family medicine, and allied mental health.

Our results suggest that mental health providers have begun to re-conceptualize mental illness with a neuroscience gaze. They report an epistemic commitment to the value of a brain scan to provide a meaningful explanation of mental illness for their clients.

If functional neuroimaging continues along its projected trajectory to translation, providers will ultimately have to negotiate its role in mental health. Their perspectives, therefore, enrich bioethical discourse surrounding neurotechnology and inform the translational pathway. Bottalico Neuroscience and Law in a Nutshell Barbara Bottalico Diritti Comparati The term neuroscience is currently used to refer to a bundle of disciplines which study the relationships between human brain, mental activity, and behavior.

Promising to explain operations of the mind in terms of the physical operations of the brain, neuroscience has received great attention by the scientific, legal and philosophical communities. McCubbins Law and Neuroscience: This chapter examines how neuroscience can inform the study and practice of law.

It begins with a brief overview of the EEG experiments that were used to study the behavioural and neural correlates of persuasion. It then describes the hypotheses, as well as the data and methods that used to test them.

Next, experimental results on subjects' decisions, reaction times, and brain activity are summarized. The chapter concludes with a discussion of the substantive and methodological implications that the research has for debates about persuasion in courtroom settings. Specifically, it emphasizes that the experiments show the value of tying together both behavioural results and brain data in analyses of persuasion and trust. Although the study represents only a first step in this endeavour, future research on persuasion and other topics of interest to legal scholars can potentially benefit from simultaneously assessing behaviour and brain activity.

Boudreau Cues in the Courtroom: When Do They Improve Jurors' Decisions? Over the past 20 years, cognitive neuroscience has revolutionized our ability to understand the nature of human thought. Working with the understandings of traditional psychology, the new brain science is transforming many disciplines, from economics to literary theory. These developments are now affecting the law and there is an upsurge of interest in the potential of neuroscience to contribute to our understanding of criminal and civil law and our system of justice in general.

The international and interdisciplinary chapters in this volume are written by experts in criminal behaviour, civil law and jurisprudence.

They concentrate on the potential of neuroscience to increase our understanding of blame and responsibility in such areas as juveniles and the death penalty, evidence and procedure, neurological enhancement and treatment, property, end-of-life choices, contracting and the effects of words and pictures in law. This collection suggests that legal scholarship and practice will be increasingly enriched by an interdisciplinary study of law, mind and brain and is a valuable addition to the emerging field of neurolaw.

Boundy The Government Can Read Your Mind: Can the Constitution Stop It? Mara Boundy 63 Hastings L. On the one hand, this technology seems to produce a model of a physical attribute and offer insight into the workings of the human brain. On the other, fMRI scans seem to read our minds and disclose our thoughts.

The full range of applications of fMRI technology is just emerging, but proponents have already sought its admission in court as a type of lie detector or credibility builder. This Note proposes that the results of fMRI scans are testimonial evidence: If fMRI scans are privileged under the Fifth Amendment, the government cannot compel an individual to submit to the scan and reveal the contents of her mind. Forensic psychiatrists and other mental health professionals are often required to provide expert testimony regarding amnesia in defendants.

However, the diagnosis of amnesia presents a challenge, as claims of memory impairment may stem from organic disease, dissociative amnesia, amnesia due to a psychotic episode, or malingered amnesia.

This article reviews the theoretical, clinical, and legal perspectives on amnesia in relation to crime and presents relevant cases that demonstrate several types of crime-related amnesia and their legal repercussions. Consideration of the presenting clinical features of crime-related amnesia may enable a fuller understanding of the different types of amnesia and assist clinicians in the medico-legal assessment and diagnosis of the claimed memory impairment. The development of a profile of aspects characteristic of crime-related amnesia would build toward establishing guidelines for the assessment of amnesia in legal contexts.

Braman Some Realism About Punishment Naturalism Donald Braman, Dan M. While the core claims of Punishment Naturalism are deeply attractive and intuitive, they are contradicted by a broad array of studies and depend on a number of logical missteps.

The most obvious shortcoming of Punishment Naturalism is that it ignores empirical research demonstrating deep disagreements over what constitutes a wrongful act and just how wrongful a given act should be deemed to be. But an equally serious shortcoming of Punishment Naturalism is that it fails to provide a credible account of the social and cognitive mechanisms by which individuals evaluate both crime and punishment, opting instead for explanations that are either specific and demonstrably wrong or so vague as to be untestable.

By way of contrast, we describe an alternative approach, Punishment Realism, that develops the core insights of legal realism via psychology and anthropology. Punishment Realism, we argue, offers a more complete account of agreement and disagreement over the criminal law and provides a more detailed and credible account of the social and cognitive mechanisms that move people to either agree or disagree with one another on whether a given act should be praised or punished and how much praise or punishment it deserves.

The differences between these two empirical accounts also suggest contrasting implications for how those interested in maximizing social welfare and public satisfaction with the law should approach questions of crime and punishment. Correlating, Validity, Value, and Admissibility: Daubert--and Reliability--Revisited Timothy Brindley, James Giordano 5 2 AJOB Neuroscience 48 As well described by Leonard Berlinongoing debate about the integrity of neuroimaging techniques reveals stances that span from the wholly supportive, through apologist, to debunking.

However, renewed dedication to fortifying neuroscience and neurotechnology e. Given trends toward increasing use of neuroscientific techniques and technologies to depict cognitive, emotional, and behavioral dispositions and expressions, we believe that the corpus and gravitas of research strengthening the viability of neurotechnologically derived assessments will foster even wider acceptance.

In light of this, we query the role and influence of neurotechnologically derived information in legal contexts, as based upon a fundamental understanding of neuroscience, and pose whether the prism of the Daubert standard--at times and in some courts considered a high threshold for admissibility--should be refocused, or whether the standards of neuroscientific protocols should be fortified so as to better define the "reliability" for information, technology, and expertise.

Briner Brain Trauma and the Myth of the Resilient Child John D. Briner MAR Trial 64 Litigating brain-injury claims presents trial lawyers with significant challenges. The difficulties are compounded when a case involves a plaintiff injured in infancy; these claims are notorious for their complexity and uncertainty.

Several misconceptions exist about the nature of brain injuries in young children--even among plaintiff experts who sometimes agree with the defense that if a plaintiff was an infant when the injury occurred, he or she stands a better chance of recovering at least some of the lost brain function.

Brocas The Neurobiology of Opinions: Can Judges and Juries Be Impartial? We show that physiological constraints generate posterior beliefs with properties that are qualitatively different from traditional Bayesian theory.

In particular, a decision-maker will tend to reinforce his prior beliefs and to hold posteriors influenced by his preferences. We study the implications of the theory for decisions rendered by judges and juries. We show that early cases in a judge's career may affect his decisions later on, and that early evidence produced in a trial may matter more than late evidence. In the case of juries, we show that the well-known polarization effect is a direct consequences of physiological constraints.

It is more likely to be observed when information is mixed, as behavioral evidence suggests, and when prior beliefs and preferences are initially more divergent across jurors. Brookbanks Neuroscience, "Folk Psychology", and the Future of Criminal Responsibility Warren Brookbanks N. The notion of 'folk psychology" - popular explanations of behaviour of which criminal responsibility and its analogues may be a manifestation - is considered in light of the challenges posed by eliminative materialism and deterministic neuroscience.

The question that is posed is whether the concept of criminal responsibility will be able to withstand the imperious advances of modern science inherent in cognitive neuroscience and other reductionist accounts of human behaviour. The article concludes that, while neuroscience technology may impact the way in which certain evidence is led in criminal trials, it is unlikely at least for the foreseeable future that neuroscience will undermine the libertarian concept of free will on which the retributivist system of criminal law depends.

Brooks 17 NEW CRIM. Alabama, the Supreme Court appealed to neuroscience studies concerning the diminished capacities of adolescents to justify leniency in the sentencing of juvenile offenders. After analyzing the history of both proportionality review and the diminished capacity defense, this Article cautions that judges should not automatically equate factual findings of neurobiological abnormalities--that merely evidence diminished capacity--with a moral-legal conclusion of lessened culpability.

Given the wide applicability of this defense, such reductionist interpretations contravene the principles of moral responsibility, which seek to differentiate culpability among individual offenders. As an alternative means of reconciling the burgeoning role of neuroscience with the established tenets of the criminal doctrine, this Article proposes a novel framework for assessing the mitigating effect of brain science that judges could equally apply to all classes of offenders, including juveniles.

Brooks Scanning the Horizon: The Past, Present, and Future of Neuroimaging for Lie Detection in Court Spencer J. It explores the use of scientific methods and instruments for lie detection, particularly the active brain scan technology such as functional magnetic resonance imaging fMRI.

It also analyzes the admissibility of information derived from the said technology. Brown Emerging Issues in Neuroscience Policy Teneille R. McCormick Oxford Handbook of Neuroethics Oxford Univ. This article describes some of the diverse areas where neuroscience findings have overlapped with policy and the law and provides concrete questions that policymakers, including judges and lawyers, interest groups, individual lobbyists, and legislators, should answer before relying on neuroscience research.

The aim is to inject a little humility into the way neuroscience findings are used by policymakers. The central thesis is that neuroscience findings, particularly those that relate to complex human behavior, must be used with care and caution.

Until they are thoroughly vetted through the scientific process, neuroscience findings must be interpreted narrowly and in context, or they risk being abused for political gain. One use of neuroscience would be when research findings lead to the development of a targeted delivery drug that operates on specific faulty mechanisms, completely correcting or alleviating debilitating symptoms.

Brown The Affective Blindness of Evidence Law Teneille R. In each case I will demonstrate that while the text of the rules may be benign, the way they are interpreted reflects confusion over the role played by both subtle and intense emotion. Brown Through A Scanner Darkly: Functional magnetic resonance imaging "fMRI"along with other types of functional brain imaging technologies, is currently being introduced at various stages of a criminal trial as evidence of a defendant's past mental state.

This article demonstrates that functional brain images should not currently be admitted as evidence into courts for this purpose. Careful and detailed explanation of the underlying science separates this Article from others, which have tended to paint fMRI with a gloss of credibility and certainty for all courtroom-relevant applications. Instead, it argues that this technology may present a particularly strong form of unfair prejudice in addition to its potential to mislead jurors and waste the court's resources.

Finally, since fMRI methodology may one day improve such that its probative value is no longer eclipsed by its extreme potential for unfair prejudice, it offers a nonexhaustive checklist that judges and counsel can use to authenticate functional brain images and assess the weight these images are to be accorded by fact finders.

Van den Berg, L. Wolf Legal Publishers As decidedly underscored by a recent editorial in Nature Neurosciencemany experiments in cognitive neuroscience have been carried out with a sample that is not representative of the general human population, as the subjects are usually university students in psychology.

The underlying assumption of this practice is that the workings of the brain do not vary much even when subjects come from different cultural groups. Recent research by Henrich et al. On several basic features of perception and cognition, Western university students turn out to be outliers relative to the general human population, so that data based on them should be interpreted with caution. In particular, this situation seems to provide an argument for questioning the conformity of functional Magnetic Resonance Imaging fMRI lie-detection to Federal Rule of Evidence and Daubert.

Deception is a social phenomenon and it is related to mental functions, such as theory of mind, for which cross-cultural variability at the neural level has been detected. Furthermore, culture is a multi-dimensional variable whose effects are diverse. Thus, the use of fMRI lie-detection in legal contexts may hinder the ascertainment of truth if the experimental results are not shown to be conserved in different cultures. Cross-cultural variability in neural activation patterns is just a facet of the broader issue of external and ecological validity for neuroscientific experiments on the detection of deception; nonetheless, fMRI lie-detection is unlikely to meet the Daubert standards if cross-cultural variation is not controlled by appropriate experiments.

Original Authorship as Applied to Works from "Mind-Reading" Neurotechnology Theo Austin Bruton 41 1 Chicago-Kent Journal of Intellectual Property U. Over the years, the courts have applied copyright law to photographic cameras, computer programs, digital video recorders, and much more.

However, a recent breakthrough in the neuroscience community may force judges to apply copyright standards in an unorthodox fashion. As this neurotechnology develops, it is uncertain how judges will apply copyright law to content taken directly from the brain.

Nevertheless, this Article argues that such content meets the originality standard under U. Bryant Expanding Atkins and Roper: A Diagnostic Approach to Excluding the Death Penalty as Punishment for Schizophrenic Offenders Bethany C. Bublitz Crimes Against Minds: Based on mind-brain dualism, the law affords only one-sided protection: The fundamental question, in what ways people may legitimately change mental states of others, is largely unexplored in legal thinking.

With novel technologies to both intervene into minds and detect mental activity, the law should, we suggest, introduce stand alone protection for the inner sphere of persons. We shall address some metaphysical questions concerning physical and mental harm and demonstrate gaps in current doctrines, especially in regard to manipulative interferences with decision-making processes.

We then outline some reasons for the law to recognize a human right to mental liberty and propose elements of a novel criminal offence proscribing severe interventions into other minds.

Bublitz Guilty Minds in Washed Brains? This chapter addresses the responsibility of persons for actions resulting from severe manipulations. In a rich philosophical debate it is widely held that manipulated agents are not responsible.

By contrast, the law rarely excuses defendants even when their motives for action were severely influenced from outside. The wide guarantee of personal freedom in liberal constitutional orders is viable and defensible only if persons can be expected to abide by the law.

When persons disappoint normative expectations, a reactive response has to counterfactually reinforce the validity and stability of the norm. This is one of the rationales for the ascription of responsibility and punishment. A history-oriented approach of responsibility that would excuse persons because of manipulative influences, as favored by many philosophers and by unexamined moral intuitions, focuses too narrowly on purely subjective aspects such as authenticity, and therewith, just like many current discussions of responsibility and neuroscience, tends to lose sight of the functions of responsibility within the social and normative structures in which it is embedded.

Bublitz My Mind is Mine!? This chapter explores some of the legal issues raised by mind-interventions outside of therapeutic contexts. It is argued that the law will have to recognize a basic human right: Not only proponents but also critics of enhancements should embrace this right as they often ground their cases against enhancement on precisely the interests it protects, even though critics do not always seem to be aware of this.

The contours and limits of cognitive liberty are sketched, indicating which reasons are good or bad grounds for political regulations of neurotechnologies. Buchen Science in court: Arrested development Lizzie Buchen Nature Neuroscience shows that the adolescent brain is still developing. The question is whether that should influence the sentencing of juveniles.

Buchman Imaging Genetics for Our Neurogenetic Future Daniel Z. Here, Buchman and Illes continue that discussion with a specific focus on the potential power and utility of such combined technologies to accurately predict psychiatric illness, particularly schizophrenia.

They review the science of imaging genetics, discuss related ethical issues, such as how endophenotypes construct an at-risk profile, and examine clinical ethics issues surrounding early intervention in the context of the emerging capability. They consider how individuals diagnosed with schizophrenia may embody knowledge from their brains and genomes into an objective-self.

They discuss possible implications of imaging genetics for the law and how use of the combined technologies may impact issues of justice. Finally, they argue that while imaging genetics remains a purely laboratory technique today, its potential social uses require careful reflection on how the knowledge gained from it may be constructed and interpreted by clinicians, patients, legal scholars, and the lay public.

Buchman The Paradox of Addiction Neuroscience Daniel Z. Reiner 4 Neuroethics 65 Neuroscience has substantially advanced the understanding of how changes in brain biochemistry contribute to mechanisms of tolerance and physical dependence via exposure to addictive drugs.

Promoting a brain disease concept is grounded in beneficent and utilitarian thinking: However such claims may yield unintended consequences by fostering discrimination commonly associated with pathology. Specifically, the language of neuroscience used to describe addiction may reduce attitudes such as blame and responsibility while inadvertently identifying addicted persons as neurobiological others.

This paper examines the merits and limitations of adopting the language of neuroscience to describe addiction. It argues that the reframing of addiction in the language of neuroscience provides benefits such as the creation of empowered biosocial communities, but also creates a new set of risks, as descriptive neuroscience concepts are inseparable from historical attitudes and intuitions towards addiction and addicted persons.

In particular, placing emphasis on the diseased brain may foster unintended harm by paradoxically increasing social distance towards the vulnerable group the term is intended to benefit. Buckholtz From Blame to Punishment: Disrupting Prefrontal Cortex Activity Reveals Norm Enforcement Mechanisms Joshua W.

Treadway, Katherine Jan, David H. Determining blameworthiness and assigning a deserved punishment are two cognitive cornerstones of norm enforcement. Although prior work has implicated the dorsolateral prefrontal cortex DLPFC in norm-based judgments, the relative contribution of this region to blameworthiness and punishment decisions remains poorly understood. Here, we used repetitive transcranial magnetic stimulation rTMS and fMRI to determine the specific role of DLPFC function in norm-enforcement behavior.

DLPFC rTMS reduced punishment for wrongful acts without affecting blameworthiness ratings, and fMRI revealed punishment-selective DLPFC recruitment, suggesting that these two facets of norm-based decision making are neurobiologically dissociable. Finally, we show that DLPFC rTMS affects punishment decision making by altering the integration of information about culpability and harm. Together, these findings reveal a selective, causal role for DLPFC in norm enforcement: Buckholtz Promises, Promises for Neuroscience and Law Joshua W.

Faigman 24 18 Current Biology R Stunning technical advances in the ability to image the human brain have provoked excited speculation about the application of neuroscience to other fields. Here, we contend that this promise elides fundamental conceptual issues that limit the usefulness of neuroscience for law.

Recommendations for overcoming these challenges are offered. Buckholtz MAOA and the Bioprediction of Antisocial Behavior: Science Fact and Science Fiction Joshua W.

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Buckholtz and Andreas Meyer-Lindenberg in Bioprediction, Biomarkers, and Bad Behavior: Scientific, Legal and Ethical Challenges Oxford University Press, Ilina Singh, Walter P. Sinnott-Armstrong, and Julian Savulescu, eds. Cognitive and Neural Foundations of Social Norms and their Enforcement Joshua W. This ultra-sociality figures largely in our success as a species.

It is also an enduring evolutionary mystery. There is considerable support for the hypothesis that this facility is a function of our ability to establish, and enforce through sanctions, social norms. In this commentary, we outline some potential cognitive and neural processes that may underlie the ability to learn norms, to follow norms and to enforce norms through third-party punishment. Buckholtz The Neural Correlates of Third-Party Punishment Joshua W.

To explore the neural underpinnings of these processes, we scanned subjects with fMRI while they determined the appropriate punishment for crimes that varied in perpetrator responsibility and crime severity.

Activity within regions linked to affective processing amygdala, medial prefrontal and posterior cingulate cortex predicted punishment magnitude for a range of criminal scenarios. By contrast, activity in right dorsolateral prefrontal cortex distinguished between scenarios on the basis of criminal responsibility, suggesting that it plays a key role in third-party punishment.

The same prefrontal region has previously been shown to be involved in punishing unfair economic behavior in two-party interactions, raising the possibility that the cognitive processes supporting third-party legal decision-making and second-party economic norm enforcement may be supported by a common neural mechanism in human prefrontal cortex.

Buller Brains, Lies, and Psychological Explanations Tom Buller Neuroethics: Defining the Issues in Theory, Practice and Policy 51 Oxford Univ. Press, Judy Illes, ed. This chapter addresses the following question: If we adopt the view that it is the brain that feels, thinks, and decides, then how do we accommodate commonsense explanations of human behavior and the notion that we are intentional rational agents capable of voluntary action?

It argues that there are limits to the coexistence of folk psychology and the notion that we are intentional rational agents and neuroscience.

It explores how neuroethics must accommodate both science and ethics and, drawing on contemporary studies of deception, lies, and others, urges an awareness of the limitations of neuroscience in determining thought and defining responsibility for actions.

Eagleman 36 Thurgood Marshall Law Journal Bumann The Future of Neuroimaging in Witness Testimony Benjamin Bumann 12 11 Virtual Mentor Burgess Deepening the Discourse Using the Legal Mind's Eye: Lessons from Neuroscience and Educational Psychology that Optimize Law School Learning Hillary Burgess 29 Quinnipiac L.

Lawyers need to be able to identify when their clients have legal problems outside of their narrow area of specialty and they need to devise legal solutions that do not violate other areas of law. However, law students tend to forget a significant amount of the doctrine and policy before they graduate. Researchers have found ways to improve learning, especially for the complex learning that takes place in law school.

Applying these techniques in law school would allow professors to cover more doctrine at more sophisticated levels while knowing that their students will retain much of their lessons throughout their career.

This article begins by mapping common law school learning tasks onto a leading taxonomy of learning objectives. This article argues that the legal curriculum engages all six levels of learning by traditionally teaching the lowest four levels of learning. However, law schools traditionally test on the highest four levels of learning because this level of thinking is required to practice law competently.

To help professors teach all six levels of learning optimally, this article provides a neuroscience and cognitive psychology perspective on how students learn. This section serves as a reference for any professor interested in how students learn. The article reviews research that indicates that students learn more, at deeper levels, while retaining information longer when they engage in multimodal learning, especially learning involving visual aids and visual exercises.

This article serves three purposes. First, it provides professors with a review of the theoretical and scientific literature on learning theory as it applies to law school. This information will provide professors a reference when they reform the overall legal curriculum, modify teaching strategies, and create innovative teaching methods.

Secondly, this article provides professors with information about teaching methods that increase student learning and retention in law school, on the bar, and for a lifetime career in law. Third, this article provides concrete guidelines for law faculty interested in incorporating visual aids effectively in their teaching. The article also provides many concrete examples of specific teaching techniques that professors could adopt in their own class immediately.

Burke Prosecutorial Agnosticism Alafair S. Burke 8 Ohio St. From this perspective, prosecutors act not simply as advocates of conviction in an adversarial system, but as a first and ever-present protector of the innocent, capable at any moment of declining or dismissing charges based on her own conclusions as a juror.

Rather than resist this description, most prosecutors embrace it, priding themselves on their nearly unrivaled power to do justice through unreviewable compassion. As a descriptive matter, ethical prosecutors routinely pursue charges despite personal doubts about their applicability. Similarly, ethical prosecutors pursue charges even when they carry doubts about the applicability of a defense such as self-defense or duress.

Indeed, prosecutors have been able to challenge antiquated judicially-created defenses such as the year-and-a-day rule only be charging defendants who otherwise would have relied on such defenses.

This Article extends the logic prosecutors invoke in such cases, allowing them to pursue charges not only when they are uncertain about legal guilt, but also when they carry doubts about factual guilt. As a normative matter, this Article argues that agnostic prosecutors might be better defenders of the innocent than those who pride themselves on their roles as supreme jurors. Once the prosecutor forms a personal belief in guilt, that belief becomes "sticky" as selective information processing, belief perseverance, and cognitive consistency will prevent the prosecutor from revisiting her conclusion.

In defending agnostic prosecutors, this Article argues for a transformation of our understanding of the prosecutorial function. Being transparent about that fact might enable not only prosecutors, but also other actors in the criminal justice system, to mitigate bias in their decision making, leading to greater protection of the innocent and reducing wrongful convictions.

Burke Improving Prosecutorial Decision Making: Some Lessons of Cognitive Science Alafair S. Traditionally, commentators have clothed the study of prosecutorial decision-making in the rhetoric of fault. They have attributed overcharging, undisclosed exculpatory evidence, and convictions of the innocent to bad prosecutorial intentions and widespread prosecutorial wrongdoing.

This fault-based lens colors both the description of the problem and the recommended solutions. In the language of fault, the problem is a culture that values obtaining and maintaining convictions over justice. The solution is to change prosecutorial values through, for example, more stringent ethical rules and increased disciplinary proceedings and sanctions against prosecutors.

This article attempts instead to explain prosecutorial decision-making from a cognitive perspective. It argues that even virtuous prosecutors can make normatively inappropriate decisions that result, not from flawed values, but from limits in human cognition. Prosecutors make what appear to be irrational decisions because all human decision-makers share a common set of information-processing tendencies that depart from perfect rationality.

In comparison to a fault-based approach, a cognitive description of the problem complicates the road for corrective action. If prosecutors fail to achieve justice not because they are bad, but because they are human, what hope is there for change? In three parts, this article attempts to explain how cognitive bias can affect the exercise of prosecutorial discretion and to suggest some initial reforms to improve the quality of prosecutorial decision-making.

Part I summarizes four related cognitive phenomena: Part II explores how these cognitive biases might adversely affect the exercise of prosecutorial discretion. Part III proposes a series of reforms that might improve the quality of prosecutorial decision making, despite limits on rationality. Burns Right Orbitofrontal Tumor With Pedophilia Symptom and Constructional Apraxia Sign Jeffrey M.

Orbitofrontal abnormalities are associated with poor impulse control, altered sexual behavior, and sociopathy. To describe a patient with acquired pedophilia and a right orbitofrontal tumor who was unable to inhibit sexual urges despite preserved moral knowledge. The patient displayed impulsive sexual behavior with pedophilia, marked constructional apraxia, and agraphia.

The behavioral symptoms and constructional deficits, including agraphia, resolved following tumor resection. For patients with acquired sociopathy and paraphilia, an orbitofrontal localization requires consideration. This case further illustrates that constructional apraxia can arise from right prefrontal lobe dysfunction. Agraphia may represent a manifestation of constructional apraxia in the absence of aphasia and ideomotor apraxia.

Burton "They Use it Like Candy": How the Prescription of Psychotropic Drugs to State-Involved Children Violates International Law Angela O.

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Children in state foster care systems and juvenile prisons are particularly at risk of overmedication with psychotropic drugs. Psychotropic drugs act directly on the brain to affect behavior, emotion, or mood. Because they are deemed to be highly addictive and susceptible to abuse and diversion into the illegal drug trade, some are designated as controlled substances under the United Nations Convention on Psychotropic Substances, This international treaty requires the United States government to protect the public — including children in state custody — from medically unjustified exposure to psychotropic drugs.

In particular, the treaty requires that psychotropic drugs be prescribed only for medical purposes and administered in accordance with sound medical practice, and that the government prohibit their advertisement directly to the public.

Analyzing the conditions under which state-involved children are prescribed and administered these highly addictive and powerful drugs, this Article concludes that the United States is in violation of the Convention because it permits drug companies to advertise controlled psychotropic substances such as methylphenidate, commonly sold as Ritalin, directly to the public, fails to restrict the prescription of psychotropic drugs to state-involved children for medical purposes only, and does not ensure that psychotropic drugs are administered to children in accordance with sound medical practice.

The Article calls on the United States government to take swift and aggressive steps to comply with the Convention so as to ensure that children in foster care and in juvenile prisons are protected from excessive and unwarranted exposure to psychotropic drugs. Buss What the Law Should and Should Not Learn from Child Development Research Emily Buss 38 Hofstra L.

Children lack the decision making ability and the self-control of adults, the cases and commentary explains, and therefore should be given less control over their own lives, and blamed less severely for their offenses. For much of the 20th century, these developmental arguments were grounded in life experience and conventional wisdom.

More recently, however, developmental psychologists and legal scholars have joined forces to argue for legal rights and responsibilities that more accurately and consistently reflect psychological and, most recently, neuroscientific research about how children change as they grow up.

This heavy reliance on developmental science was embraced by the Supreme Court in Roper v. Simmons, the case ruling that the Constitution prohibited the imposition of the death penalty for offenses committed by juveniles. While the Roper analysis can be applauded for its careful attention to social scientists' increasingly sophisticated understanding of children's capacities, it also demonstrates certain risks that come with this inter-disciplinary approach.

In her talk, Buss will consider these risks, and suggest an approach to the formulation of children's rights that rests less on our current understanding of children's capacities and more on the role we want the law to play in shaping how children grow up.

Buss Rethinking the Connection Between Developmental Science and Juvenile Justice Emily Buss 76 U. Will justice be transformed by brain imaging? Christian Byk, magistrate, explains us both stakes and complexity of such integration. Many precautions must be taken and neurosciences contribution to the question of the guilt, responsibility or dangerousness of an individual must be relativized in spite of their apparent objectivity.

France, as well as Europe, has undertaken many reflections which should be continued to take into account both juridical, neuroscientific and ethical issues. However his account of the emotional impact smart drugs have is at once completely unsurprising as well as unconvincing. Cabrera Memory enhancement: The issues we should not forget about Laura Cabrera 22 Journal Of Evolution and Technology 1 The human brain is in great part what it is because of the functional and structural properties of the billion interconnected neurons that form it.

The assumption held by many supporters of human enhancement, transhumanism, and technological posthumanity seems to be that the human brain can be continuously improved, as if it were another one of our machines. In this paper, I focus on some of the ethical issues that we should keep in mind when thinking about memory enhancement interventions. I start with an overview of one of the most precious capacities of the brain, namely memory.

Then I analyze the different kinds of memory interventions that exist or are under research. Finally, I point out the issues that we should not forget when we consider enhancing our memories. He argues that neuroethics offers us the opportunity to dramatically alter, the tools we use as applied ethicists. He describes two sets of evidence that he thinks are relevant to assessing the reliability of our intuitions, based on neuroimaging and psychological evidence respectively.

While I fully agree with the author that neuroscience can give us new tools to assess moral judgements, I am skeptical about his idea that it will instantiate a different, more reliable, or even better way to do ethics.

In this regard, the main contribution of neuroethics, as the neuroscience of ethics, is not necessarily that it will help us do ethics in a different way, but rather that it gives us different understandings of ethics, such as the neural mechanisms behind moral judgments.

Cabrera They Might Retain Capacities to Consent But Do They Even Care? Laura Cabrera 2 1 AJOB Neuroscience 41 Dunn and colleagues claim that the belief that depressed patients have diminished decision-making capacity due to having a mental illness is not well founded.

While Dunn and colleagues might be correct in arguing that the worry associated with informed consent, in the case of treatment resistant major depression TRD patients to be treated with Deep Brain stimulation DBSis not so much that their intellectual capacities and abilities to reason are impaired, as often depression leaves those intact, I argue that it is the emotional states characteristic of their condition what we should be considering.

TRD patients may not have the appropriate minimal degree of concern for their own well-being even though they might understand and be able to evaluate all the risks and implications involved with DBS. However, I fully agree with Dunn and colleagues that more research is needed to have a better grasp of the ethical issues involved around consent issues in DBS for TRD. This chapter presents a theoretical model of judicial reasoning that satisfactorily integrates partially provided explanations by three different theoretical research paradigms: The model emerges from the application of knowledge elicitation and knowledge representation methods, and uses the theory of neural networks as a theoretical metaphor to generate explanations and visual representations.

The epistemological status of the model is of constructivist stripe: Calhoun Neuroimaging-based Automatic Classification of Schizophrenia Vince D. Calhoun and Mohammad R. Arbabshirani in Bioprediction, Biomarkers, and Bad Behavior: A Guide for Practitioners John S. Callender Oxford University Press In Free Will and Responsibility, John Callender starts by describing the evolution of morality and the roles of reason and emotion in the making of moral judgments.

He then summarizes recent neuroscientific research on volitional behavior, moral decision-making, and criminality, and discusses what this might mean for our practices of blame and punishment. In the second part, he examines the overlaps between art, free will, and moral value and argues that this offers a paradigm that reconciles our subjective sense of freedom with causal determinism.

Finally, he examines these ideas in the clinical context of conditions such as psychopathic personality disorder, post-traumatic stress disorder and the dissociative disorders and discusses their implications for psychotherapy. Camchong Imaging Psychoses: MacDonald III Neuroimaging in Forensic Psychiatry: