Saturday 17 December 2011

The responsibility of the law to look further into the science behind the brain

http://royalsociety.org/policy/projects/brain-waves/responsibility-law/

Neuroscientists seek to determine how brain function affects behaviour, and the law is concerned with regulating behaviour. It is therefore likely that developments in neuroscience will increasingly be brought to bear on the law. This report sets out some of the areas where neuroscience might be of relevance, along with some of the limits to its application. Specific issues discussed include risk assessment in probation and parole decisions; detecting deception; assessing memory; understanding pain; and Non-Accidental Head Injury NAHI).

Key messages

Key messages of the report include:
  • There is a big gap between research conducted by neuroscientists and the realities of the day to day work of the justice system. There is currently no forum in the UK for bringing together neuroscientists and legal professionals to explore areas of mutual interest.
  • It is important that professionals at all stages of the legal system who might encounter neuroscience understand some of the key principles on which it is based; the limitations to what studies can tell us; and some of the generic challenges of its application. Lawyers and judges in England and Wales often have no training in scientific principles. Undergraduates in neuroscience are not necessarily taught about the societal implications of the discipline.
  • Almost all neuroscientific research in the UK is related to health. However, findings from research have wider policy implications. Important insights for the law would be provided by further research into areas including neuropathology studies to characterise Non-Accidental Head Injury (NAHI); and studies into the relative efficacy of different models of risk assessment in the context of probation, and a possible role for neuroscience to be used in combination with existing approaches.

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