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Neurointerventions and the LawRegulating Human Mental Capacity$
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Nicole A Vincent, Thomas Nadelhoffer, and Allan McCay

Print publication date: 2020

Print ISBN-13: 9780190651145

Published to Oxford Scholarship Online: June 2020

DOI: 10.1093/oso/9780190651145.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 02 March 2021

Offering Neurointerventions to Offenders With Cognitive-Emotional Impairments

Offering Neurointerventions to Offenders With Cognitive-Emotional Impairments

Ethical and Criminal Justice Aspects

(p.127) 6 Offering Neurointerventions to Offenders With Cognitive-Emotional Impairments
Neurointerventions and the Law

Farah Focquaert

Kristof Van Assche

Sigrid Sterckx

Oxford University Press

A wide variety of medications and neuromodulation techniques are being investigated to manage risk factors for deviant behavior. If certain neurointerventions can restore impaired moral decision-making and behavior in offenders, should the criminal justice system be permitted to use such neurointerventions and, if so, under which conditions? In this chapter, the authors argue that it can be ethical to offer neurointerventions to offenders as a condition of probation, parole, or sentence reduction, provided that the fulfillment of five minimal ethical conditions is verified on a case-by-case basis. The authors further argue that forcing neurointerventions as part of an offender’s sentence or as a postprison requirement is both ethically and practically problematic, with the possible exception of benign neurointerventions without side effects.

Keywords:   medication, neuromodulation, criminal law, probation, parole, sentencing

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