From Brain Evidence to Neurorights: Rethinking Criminal Responsibility in the Age of Neurotechnology

Abstract

The article, which raises never-before-bioethical and legal questions, is a consideration of the manner in which rapid advances in neurotechnology are reshaping criminal law. Neurotechnology is changing how we think about free will, criminal intent, and personal responsibility. This also includes devices that observe or influence neural systems. New ways to collect evidence and to interfere with the legal systems of the nations of the world, through such means as neuromodulation, neuroprosthetics, and brain-machine interfaces, etc., are being put forth. Separately, the related neurological and genetic information raises challenging issues concerning consent, mental privacy, autonomy, and the ethical use of brain data in the criminal justice system. Uncertainty, human rights safeguards, non-coercion and non-manipulation principles, and the quality assurance of neurotechnological evidences are all part of the main legal questions. It makes the case that robust legal frameworks fostering innovation, while holding accountability, transparency, and mental integrity, will be critical. In so doing, it also calls for international collaboration and ethical oversight as well as further engagement with the public on issues relating to the responsible use of neurotechnology. And to top it all off, a multidisciplinary, rights-based approach is crucial to ensuring that neurotechnology continues to advance justice and respect for human dignity within criminal justice systems globally.