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2 - Brain-Reading Technologies

Their Legally Relevant Features

Published online by Cambridge University Press:  25 August 2022

Sjors Ligthart
Affiliation:
Tilburg University, The Netherlands
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Summary

Emerging neurotechnology offers increasingly individualised brain information, enabling researchers to identify mental states and content. When accurate and valid, these brain-reading technologies also provide data that could be useful in criminal legal procedures, such as memory detection with EEG and the prediction of recidivism with fMRI. Yet, unlike in medicine, individuals involved in criminal cases will often be reluctant to undergo brain-reading procedures. This raises the question of whether coercive brain-reading could be permissible in criminal law. Coercive Brain-Reading in Criminal Justice examines this question in view of European human rights: the prohibition of ill treatment, the right to privacy, freedom of thought, freedom of expression, and the privilege against self-incrimination. The book argues that, at present, the established framework of human rights does not exclude coercive brain-reading. It does, however, delimit the permissible use of forensic brain-reading without valid consent. This cautionary, cutting-edge book lays a crucial foundation for understanding the future of criminal legal proceedings in a world of ever-advancing neurotechnology.

Type
Chapter
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Coercive Brain-Reading in Criminal Justice
An Analysis of European Human Rights Law
, pp. 9 - 34
Publisher: Cambridge University Press
Print publication year: 2022

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  • Brain-Reading Technologies
  • Sjors Ligthart, Tilburg University, The Netherlands
  • Book: Coercive Brain-Reading in Criminal Justice
  • Online publication: 25 August 2022
  • Chapter DOI: https://doi.org/10.1017/9781009252447.003
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  • Brain-Reading Technologies
  • Sjors Ligthart, Tilburg University, The Netherlands
  • Book: Coercive Brain-Reading in Criminal Justice
  • Online publication: 25 August 2022
  • Chapter DOI: https://doi.org/10.1017/9781009252447.003
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Brain-Reading Technologies
  • Sjors Ligthart, Tilburg University, The Netherlands
  • Book: Coercive Brain-Reading in Criminal Justice
  • Online publication: 25 August 2022
  • Chapter DOI: https://doi.org/10.1017/9781009252447.003
Available formats
×