Integrating Neuroscience in Criminal Law: The Dutch Situation as an Example

Empirical findings demonstrate that neuroscientific expertise is increasingly prevalent in courtrooms. This suggests that both “territorial conflicts” between law and neuroscience—- for example about how to conceptualize concepts like culpability—and questions regarding the integration of neuroscience and law, which both have long been present in theoretical discussions, are now finding their way to legal practice. As jurisdictions around the globe differ on multiple dimensions (e.g., on how concepts like culpability are conceptualized, embedded in legal doctrine, and how integration of neuros... Mehr ...

Verfasser: Noyon, L
Wolf, M.J.F. (Michiel) van der
Mevis, P.A.M. (Paul)
Marle, H.J.C. (Hjalmar) van
Dokumenttyp: Artikel
Erscheinungsdatum: 2019
Schlagwörter: Criminal law / neuroscience / criminal responsibility / forensic assessment
Sprache: Englisch
Permalink: https://search.fid-benelux.de/Record/base-26677251
Datenquelle: BASE; Originalkatalog
Powered By: BASE
Link(s) : http://repub.eur.nl/pub/120537

Empirical findings demonstrate that neuroscientific expertise is increasingly prevalent in courtrooms. This suggests that both “territorial conflicts” between law and neuroscience—- for example about how to conceptualize concepts like culpability—and questions regarding the integration of neuroscience and law, which both have long been present in theoretical discussions, are now finding their way to legal practice. As jurisdictions around the globe differ on multiple dimensions (e.g., on how concepts like culpability are conceptualized, embedded in legal doctrine, and how integration of neuroscience takes place within (procedural) legal frameworks) analyses on a national level are needed next to universal endeavors. In this article, the Dutch situation will be addressed. First, we will assess whether the theoretical notions underlying Dutch criminal law are compatible with the theoret