ABSTRACT

The aim of this chapter is to consider how our developing knowledge of cognitive neuroscience and its associated technologies may impact upon the criminal justice system. This chapter examines the claims that modern understandings of how the brain drives behaviour, based on new insights from cognitive neuroscience and neurobiology, will challenge certain tenets of the criminal law and the criminal justice system. In doing this it will be useful to examine the work of academic researchers who have been actively carrying out funded research in this area. This will assist in the process of scoping how future advances in our scientific understanding of the brain may challenge the criminal law. Additionally, it will be useful to assess the activities of learned societies and governmental bodies in reviewing the area. This will aid an understanding of how to evaluate the way in which academic and government funded research in the area of neuroscience and neurotechnology may impact upon and influence future developments in the criminal justice system.