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The use of neuroscientific evidence in Canadian criminal proceedings

This article addresses the question of how neuroscientific evidence is currently used in the Canadian criminal justice system, with a view to identifying the main contexts in which this evidence is raised, as well as to discern the impact of this evidence on judgements of responsibility, dangerousne...

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Autor principal: Chandler, Jennifer A.
Formato: Online Artículo Texto
Lenguaje:English
Publicado: Oxford University Press 2015
Materias:
Acceso en línea:https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5034394/
https://www.ncbi.nlm.nih.gov/pubmed/27774212
http://dx.doi.org/10.1093/jlb/lsv026
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author Chandler, Jennifer A.
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description This article addresses the question of how neuroscientific evidence is currently used in the Canadian criminal justice system, with a view to identifying the main contexts in which this evidence is raised, as well as to discern the impact of this evidence on judgements of responsibility, dangerousness, and treatability. The most general Canadian legal database was searched for cases in the five-year period between 2008 and 2012 in which neuroscientific evidence related to the responsibility and recidivism risk of criminal offenders was considered. Canadian courts consider neuroscientific evidence of many types, particularly evidence of prenatal alcohol exposure, traumatic brain injury, and neuropsychological testing. The majority of the cases are sentencing decisions, which is useful given that it offers an opportunity to observe how judges wrestle with the tension that evidence of diminished capacity due to brain damage tends to reduce moral blameworthiness, while it also tends to increase perceptions of risk and dangerousness. This so-called double-edged sword of the biological explanation of criminal behavior was reflected in this study, and raises questions about whether and when the pursuit of such evidence is advisable from the defense perspective.
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spelling pubmed-50343942016-10-21 The use of neuroscientific evidence in Canadian criminal proceedings Chandler, Jennifer A. J Law Biosci Original Article This article addresses the question of how neuroscientific evidence is currently used in the Canadian criminal justice system, with a view to identifying the main contexts in which this evidence is raised, as well as to discern the impact of this evidence on judgements of responsibility, dangerousness, and treatability. The most general Canadian legal database was searched for cases in the five-year period between 2008 and 2012 in which neuroscientific evidence related to the responsibility and recidivism risk of criminal offenders was considered. Canadian courts consider neuroscientific evidence of many types, particularly evidence of prenatal alcohol exposure, traumatic brain injury, and neuropsychological testing. The majority of the cases are sentencing decisions, which is useful given that it offers an opportunity to observe how judges wrestle with the tension that evidence of diminished capacity due to brain damage tends to reduce moral blameworthiness, while it also tends to increase perceptions of risk and dangerousness. This so-called double-edged sword of the biological explanation of criminal behavior was reflected in this study, and raises questions about whether and when the pursuit of such evidence is advisable from the defense perspective. Oxford University Press 2015-06-11 /pmc/articles/PMC5034394/ /pubmed/27774212 http://dx.doi.org/10.1093/jlb/lsv026 Text en © The Author 2015. Published by Oxford University Press on behalf of Duke University School of Law, Harvard Law School, Oxford University Press, and Stanford Law School. http://creativecommons.org/licenses/by-nc-nd/4.0/ This is an Open Access article distributed under the terms of the Creative Commons Attribution-NonCommercial-NoDerivs licence (http://creativecommons.org/licenses/by-nc-nd/4.0/), which permits non-commercial reproduction and distribution of the work, in any medium, provided the original work is not altered or transformed in any way, and that the work is properly cited. For commercial re-use, please contact journals.permissions@oup.com
spellingShingle Original Article
Chandler, Jennifer A.
The use of neuroscientific evidence in Canadian criminal proceedings
title The use of neuroscientific evidence in Canadian criminal proceedings
title_full The use of neuroscientific evidence in Canadian criminal proceedings
title_fullStr The use of neuroscientific evidence in Canadian criminal proceedings
title_full_unstemmed The use of neuroscientific evidence in Canadian criminal proceedings
title_short The use of neuroscientific evidence in Canadian criminal proceedings
title_sort use of neuroscientific evidence in canadian criminal proceedings
topic Original Article
url https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5034394/
https://www.ncbi.nlm.nih.gov/pubmed/27774212
http://dx.doi.org/10.1093/jlb/lsv026
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