Coercive Brain-Reading in Criminal Justice: An Analysis of European Human Rights Law

Neurotechnology provides individualised brain information that could be useful in criminal legal procedures, but individuals involved in criminal cases are reluctant to undergo brain-reading procedures. Coercive Brain-Reading in Criminal Justice examines this question in view of European human rights, arguing that the established framework of human rights does not exclude coercive brain-reading but delimits the permissible use of forensic brain-reading without valid consent.

Format: Hardback
Length: 300 pages
Publication date: 01 September 2022
Publisher: Cambridge University Press

Neurotechnology is revolutionizing the field of brain research, providing unprecedented insights into individual mental states and content. With the ability to accurately and validly read brain activity, researchers can identify mental states and content with remarkable precision. This technology holds immense potential for criminal legal procedures, such as memory detection using electroencephalography (EEG) and the prediction of recidivism using functional magnetic resonance imaging (fMRI). However, unlike in medicine, individuals involved in criminal cases often hesitate to undergo brain-reading procedures. This raises the crucial question of whether coercive brain-reading could be permissible in criminal law.

In order to address this issue, Coercive Brain-Reading in Criminal Justice delves into the question in the context of European human rights. The book examines the prohibition of ill-treatment, the right to privacy, freedom of thought, freedom of expression, and the privilege against self-incrimination. It argues that, at present, the established framework of human rights does not exclude coercive brain-reading. However, it does place limitations on the permissible use of forensic brain-reading without valid consent.

This cautionary and cutting-edge book serves as a vital foundation for understanding the future of criminal legal proceedings in a world where neurotechnology is advancing at an unprecedented pace. It provides a comprehensive exploration of the ethical, legal, and social implications of coercive brain-reading, shedding light on the potential benefits and risks associated with this emerging technology. As neurotechnology continues to evolve, it is essential to carefully consider the implications of its use in criminal justice and to ensure that human rights are protected and respected.

Weight: 597g
Dimension: 235 x 158 x 22 (mm)
ISBN-13: 9781009252430