Neuroprediction, violence, and the law: setting the stage [Book Review]

Neuroethics 5 (1):67-99 (2012)
In this paper, our goal is to survey some of the legal contexts within which violence risk assessment already plays a prominent role, explore whether developments in neuroscience could potentially be used to improve our ability to predict violence, and discuss whether neuropredictive models of violence create any unique legal or moral problems above and beyond the well worn problems already associated with prediction more generally. In Violence Risk Assessment and the Law, we briefly examine the role currently played by predictions of violence in three high stakes legal contexts: capital sentencing, civil commitment hearings, and sexual predator statutes. In Clinical vs. Actuarial Violence Risk Assessment, we briefly examine the distinction between traditional clinical methods of predicting violence and more recently developed actuarial methods, exemplified by the Classification of Violence Risk software created by John Monahan and colleagues as part of the MacArthur Study of Mental Disorder and Violence [1]. In The Neural Correlates of Psychopathy, we explore what neuroscience currently tells us about the neural correlates of violence, using the recent neuroscientific research on psychopathy as our focus. We also discuss some recent advances in both data collection and data analysis that we believe will play an important role when it comes to future neuroscientific research on violence. In The Potential Promise of Neuroprediction, we discuss whether neuroscience could potentially be used to improve our ability to predict future violence. Finally, in The Potential Perils of Neuroprediction, we explore some potential evidentiary, constitutional, and moral issues that may arise in the context of the neuroprediction of violence
Keywords Neuroscience  Prediction  Criminal law  Psychopathy  Violence risk assessment
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DOI 10.1007/s12152-010-9095-z
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References found in this work BETA
Can Cognitive Processes Be Inferred From Neuroimaging Data?Russell A. Poldrack - 2006 - Trends in Cognitive Sciences 10 (2):59-63.
Preventive Confinement of Dangerous Offenders.Stephen J. Morse - 2004 - Journal of Law, Medicine & Ethics 32 (1):56-72.

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Neurolaw: Neuroscience, Ethics, and Law. Review Essay.Gerben Meynen - 2014 - Ethical Theory and Moral Practice 17 (4):819-829.

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