Abstract
Crime comes with enormous costs, not only financial but also in terms of loss of mental and physical health
and, in some cases, even loss of life. Recidivism is responsible for a considerable percentage of the crimes,
and therefore, society deems reducing recidivism a priority. To reduce recidivism, several types of interventions can be used, such as education and employment-focused rehabilitation programs which are
intended to improve psychological and social factors. Another way to prevent reoffending is to influence
the offender’s brain functions. For example, medication can be offered to treat delusions or to diminish
sexual drive. In the near future, innovative neurotechnologies are expected to improve prediction and
prevention of reoffending. Potential positive effects of such neurotechniques include a safer society
and earlier release of prisoners who are no longer “at high risk” to relapse into criminal behavior.
Meanwhile, employing these neurotechniques in the criminal justice system raises fundamental concerns,
for example, about autonomy, privacy and mental integrity. This chapter aims to identify some of the
ethical and legal challenges of using neurotechnologies to reduce recidivism
and, in some cases, even loss of life. Recidivism is responsible for a considerable percentage of the crimes,
and therefore, society deems reducing recidivism a priority. To reduce recidivism, several types of interventions can be used, such as education and employment-focused rehabilitation programs which are
intended to improve psychological and social factors. Another way to prevent reoffending is to influence
the offender’s brain functions. For example, medication can be offered to treat delusions or to diminish
sexual drive. In the near future, innovative neurotechnologies are expected to improve prediction and
prevention of reoffending. Potential positive effects of such neurotechniques include a safer society
and earlier release of prisoners who are no longer “at high risk” to relapse into criminal behavior.
Meanwhile, employing these neurotechniques in the criminal justice system raises fundamental concerns,
for example, about autonomy, privacy and mental integrity. This chapter aims to identify some of the
ethical and legal challenges of using neurotechnologies to reduce recidivism
| Original language | English |
|---|---|
| Title of host publication | Handbook of Clinical Neurology |
| Publisher | Elsevier |
| Pages | 265-276 |
| Number of pages | 12 |
| ISBN (Electronic) | 9780128213766 |
| ISBN (Print) | 9780128213759 |
| DOIs | |
| Publication status | Published - 27 Sept 2023 |
Publication series
| Name | Handbook of Clinical Neurology |
|---|---|
| Volume | 197 |
| ISSN (Print) | 0072-9752 |
| ISSN (Electronic) | 2212-4152 |
Bibliographical note
Publisher Copyright:© 2023 Elsevier B.V.
Funding
This publication is part of the project Law and Ethics of Neurotechnology in Criminal Justice (LENC) (with project number VI.C.201.067) of the research program Vici which is financed by the Dutch Research Council (NWO).
| Funders | Funder number |
|---|---|
| Nederlandse Organisatie voor Wetenschappelijk Onderzoek |
Keywords
- Autonomy
- Criminal law
- Mental integrity
- Neuroethics
- Neurolaw
- Neurotechnology
- Privacy
- Recidivism
