Neurolaw and Psychiatry

Neurolaw as an academic discipline concerns itself with the study of legal implications and applications of neuroscience and neurotechnology. Psychiatry has a considerable intersection with the law, and this intersection is often referred to as forensic psychiatry. If neurotechnology is used in forensic psychiatry, this is, therefore, relevant from a neurolaw perspective. In this chapter, we will focus on the interface between psychiatry and criminal law.

In some criminal cases, the defendant’s behavior appears to be influenced by the presence of a mental illness. In such cases, psychiatrists can be asked for their expert opinion. Neuroimaging is sometimes used to evaluate a defendant’s condition. A brain scan may, for instance, reveal the presence of a tumor, or it may show signs of dementia. In light of the continuous progress in the neurosciences in the last decades, it is often assumed that in the near future, the role of neurotechnology in forensic psychiatry may increase. Neurotechnology could perhaps also be used to make better assessments of risk of recidivism and potentially to reduce the risk of dangerous behavior.

This chapter will consider neurolaw and psychiatry by looking at the current state of neurotechnology in forensic psychiatry as well as possible near-future developments. First, we will consider the state of the art; next, we will discuss legal and ethical challenges entailed by the (possible future) application of neurotechnology in forensic psychiatry. Topics include reliability, safety, risk, and consent.