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Neuroimaging and Responsibility Assessments.
1Philosophy, TBM, TU Delft, P.O. Box 5015, 2600 GA Delft, The Netherlands.
Neuroethics
|April 9, 2011
Summary
Neuroimaging evidence can help assess criminal responsibility. This essay argues for its use, addressing objections to functional neuroimaging techniques in legal contexts.
Area of Science:
- Neuroscience
- Forensic Psychology
- Philosophy of Law
Background:
- Assessing legal responsibility is complex.
- Neuroimaging offers potential insights into cognitive states.
- Existing objections to neuroimaging in law are well-documented.
Purpose of the Study:
- To determine if neuroimaging evidence can assess criminal responsibility.
- To evaluate standard and novel objections to neuroimaging in legal settings.
- To defend the use of functional neuroimaging for responsibility assessments.
Main Methods:
- Philosophical argumentation.
- Analysis of existing literature on neuroimaging and law.
- Examination of objections to neuroimaging evidence.
Main Results:
- Standard objections to neuroimaging for assessing responsibility can be overcome.
- A novel objection arises specifically with functional neuroimaging.
- This novel objection is also refuted, supporting the use of functional neuroimaging.
Conclusions:
- Neuroimaging, particularly functional neuroimaging, can be a valuable tool in assessing criminal responsibility.
- The essay provides a framework for overcoming objections to its legal application.
- Further consideration of neuroimaging in legal practice is warranted.


