Memory Interventions in the Criminal Justice System: Some Practical Ethical Considerations

Journal of Bioethical Inquiry 13 (1):95-103 (2016)
Abstract
In recent years, discussion around memory modification interventions has gained attention. However, discussion around the use of memory interventions in the criminal justice system has been mostly absent. In this paper we start by highlighting the importance memory has for human well-being and personal identity, as well as its role within the criminal forensic setting; in particular, for claiming and accepting legal responsibility, for moral learning, and for retribution. We provide examples of memory interventions that are currently available for medical purposes, but that in the future could be used in the forensic setting to modify criminal offenders’ memories. In this section we contrast the cases of dampening and enhancing memories of criminal offenders. We then present from a pragmatic approach some pressing ethical issues associated with these types of memory interventions. The paper ends up highlighting how these pragmatic considerations can help establish ethically justified criteria regarding the possibility of interventions aimed at modifying criminal offenders’ memories.
Keywords Criminal  Criminal forensic setting  Memory  Neuro-intervention  Retribution
Categories (categorize this paper)
ISBN(s)
DOI 10.1007/s11673-015-9680-2
Options
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

Our Archive


Upload a copy of this paper     Check publisher's policy     Papers currently archived: 38,086
External links

Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library

References found in this work BETA

Principles of Biomedical Ethics.Tom L. Beauchamp - 1979 - Oxford University Press.
Freedom of the Will and the Concept of a Person.Harry G. Frankfurt - 1971 - Journal of Philosophy 68 (1):5-20.
Neuroethics: Challenges for the 21st Century.Neil Levy - 2007 - Cambridge University Press.
The Constitution of Selves.Marya Schechtman - 1996 - Cornell University Press.

View all 14 references / Add more references

Citations of this work BETA

No citations found.

Add more citations

Similar books and articles

Direct Brain Interventions and Responsibility Enhancement.Elizabeth Shaw - 2014 - Criminal Law and Philosophy 8 (1):1-20.
Retributive, Restorative and Ritualistic Justice.Kimberley Brownlee - 2010 - Oxford Journal of Legal Studies 30 (2):385-397.
The Impact of DNA Exonerations on the Criminal Justice System.Margaret A. Berger - 2006 - Journal of Law, Medicine and Ethics 34 (2):320-327.
Neuroscience and Criminal Justice: Introduction.Jesper Ryberg - 2014 - The Journal of Ethics 18 (2):77-80.
Desert and Fairness in Criminal Justice.Erin I. Kelly - 2012 - Philosophical Topics 40 (1):63-77.
Memory Enhancement: The Issues We Should Not Forget About.Laura Cabrera - 2011 - Journal of Evolution and Technology 22 (1):97-109.
""The" Ultimate Issue" Problem in the Canadian Criminal Justice System.Marc Nesca - 2009 - Journal of Ethics in Mental Health 2 (1):11.
Terrorizing Criminal Law.Lucia Zedner - 2014 - Criminal Law and Philosophy 8 (1):99-121.

Analytics

Added to PP index
2015-12-30

Total views
28 ( #244,057 of 2,313,437 )

Recent downloads (6 months)
10 ( #66,486 of 2,313,437 )

How can I increase my downloads?

Monthly downloads

My notes

Sign in to use this feature