Neuroprediction, Truth-Sensitivity, and the Law

The Journal of Ethics 18 (2):123-136 (2014)
A recent argument by Nadelhoffer et al. defends a cautious optimism regarding the use of neuroprediction in relation to sentencing based, in part, on an assessment of the offender’s dangerousness. While this optimism may be warranted, Nadelhoffer et al.’s argument fails to justify it. Although neuropredictions provide individualized, non-statistical evidence they will often be problematic for the same reason that basing sentencing on statistical evidence is, to wit, that such predictions are insensitive to the offender’s dangerousness in relevant counterfactual situations and, accordingly, fail to provide the court with knowledge of the offender’s dangerousness. Admittedly, it could be replied that standard clinical assessments of dangerousness possess the same objectionable feature, but doing so undermines a different part of Nadelhoffer et al.’s argument. Finally, I criticize an incentives-based rationale for sentencing informed by neuropredictions of dangerousness
Keywords Dangerousness  Evidence  Neuroprediction  Punishment  Statistical evidence
Categories (categorize this paper)
DOI 10.1007/s10892-014-9162-5
 Save to my reading list
Follow the author(s)
Edit this record
My bibliography
Export citation
Find it on Scholar
Mark as duplicate
Request removal from index
Revision history
Download options
Our Archive

Upload a copy of this paper     Check publisher's policy     Papers currently archived: 32,696
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
Philosophical Explanations.Robert Nozick - 1981 - Harvard University Press.
Knowledge and Lotteries.John Hawthorne - 2003 - Oxford University Press.
What Else Justification Could Be.Martin Smith - 2010 - Noûs 44 (1):10 - 31.
The Nature of Rationality.Robert Nozick - 1993 - Princeton University Press.

View all 9 references / Add more references

Citations of this work BETA

No citations found.

Add more citations

Similar books and articles
Review Essay / Sentencing by Sociology.Lois G. Forer - 1987 - Criminal Justice Ethics 6 (1):76-82.
Added to PP index

Total downloads
37 ( #160,406 of 2,237,468 )

Recent downloads (6 months)
16 ( #28,362 of 2,237,468 )

How can I increase my downloads?

Monthly downloads
My notes
Sign in to use this feature