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The Effects of Neuroscientific Framing on Legal Decision Making

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By Corey H. Allen Corey Allen is a graduate research fellow in the Georgia State University Neuroscience and Philosophy departments with a concentration in Neuroethics. He is a member of the Cooperation, Conflict, and Cognition Lab , and his research investigates (1) the ethical and legal implications of neuropredictive models of high-risk behavior, (2) the role of consciousness in attributions of moral agency, and (3) the impact of neurobiological explanations in legal and moral decision making. More than ever, an extraordinary amount of up-and-coming companies are jumping to attach the prefix “neuro” to their products. In many cases, this ”neurobabble” is inadequate and irrelevant, serving only to take advantage of the public’s preconceptions about the term. This hasty neuroscientific framing doesn’t stop with marketing but instead creeps into public and legal discourse surrounding action and responsibility. This leads to the question: does the framing of an issue as “neuroscientific...

Too far or not far enough: The ethics and future of neuroscience and law

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By Jonah Queen Image courtesy of  Pixabay . As neurotechnology advances and our understanding of the brain increases, there is a growing debate about if, and how, neuroscience can play a role in the legal system. In particular, some are asking if these technologies could ever be used to accomplish things that humans have so far not been able to, such as performing accurate lie detection and predicting future behavior. For September’s Neuroethics and Neuroscience in the News event, Dr. Eyal Aharoni of Georgia State University spoke about his research on whether biomarkers might improve our ability to predict the risk of recidivism in criminal offenders. The results were published in a 2013 paper titled “ Neuroprediction of future rearrest 1 ," which was reported in the media with headlines such as “ Can we predict recidivism with a brain scan? ” The study reports evidence that brain scans could potentially improve offender risk assessment. At the event, Dr. Aharoni led a discus...

The Neuroethics of Brainprinting

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By Anna Farrell  Anna Farrell is a rising second year undergraduate student at Emory University. Early on in her Neuroscience major she became interested in Neuroscience’s interdisciplinary nature and continued on to declare a second major in English.  As cyber espionage and hacking are on the rise (Watson, 2016), major corporations, governments, and financial systems have pushed for using biometrics as a more secure way to guard their data. Biometrics measures unique physical characteristics as a way of ascertaining someone’s identity. A wide range of physical characteristics are currently used in biometrics, including DNA, iris, retina, face, fingerprint, finger geometry, hand geometry, odor, vein, and voice identification ( Types of Biometrics ). Governmental uses for biometrics span border control, customs services, and online access to critical systems. However, fingerprint and iris identification results are becoming more replicable as hacker’s abilities advance (Watson,...

Criminal Law and Neuroscience: Hope or Hype?

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By Stephen J. Morse Stephen J. Morse , J.D., Ph.D., is a lawyer and a psychologist. He is Ferdinand Wakeman Hubbell Professor of Law, Professor of Psychology and Law in Psychiatry, and Associate Director of the Center for Neuroscience & Society at the University of Pennsylvania. Professor Morse is also a Diplomate in Forensic Psychology of the American Board of Professional Psychology. He has been working on the relation of neuroscience to law, ethics and social policy for over two decades, has written numerous articles and book chapters on these topics and has edited A Primer on Neuroscience and Criminal Law (Oxford University Press, 2013, with Adina Roskies). He was previously Co-Director of the MacArthur Foundation Law and Neuroscience Project and was a member of the MacArthur Foundation Law and Neuroscience Research Network. Professor Morse is a recipient of the American Academy of Forensic Psychology’s Distinguished Contribution Award, and a recipient of the American Psy...

Technologies of the extended mind: Implications for privacy of thought

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by Peter Reiner, PhD Dr. Reiner is Professor and co-founder of the National Core for Neuroethics , at the University of British Columbia. Dr. Reiner began his academic career studying the cellular and molecular physiology of the brain, and in 1998, Dr. Reiner became President and CEO of Active Pass Pharmaceuticals, a drug discovery company that he founded to tackle the scourge of Alzheimer's disease. Upon returning to academic life in 2004, Dr. Reiner refocused his scholarly work in the area of neuroethics. He is also an AJOB Neuroscience board member. Louis Brandeis in his law office, 1890. In 1890, Samuel Warren and his law partner Louis Brandeis 
published what has become one of the most influential essays in the history of US law. Entitled The Right to Privacy [1], the article is notable for outlining the legal principles that protect privacy of thought. But it is not just their suggestions about privacy that are illuminating – it is their insight into the ways that law has ...