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Coercive brain-reading in criminal justice : an analysis of European human rights law / Sjors Ligthart.

By: Material type: TextTextSeries: Law and the cognitive sciencesPublisher: Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2022Description: 1 online resource (xv, 292 pages) : digital, PDF file(s)Content type:
  • text
Media type:
  • computer
Carrier type:
  • online resource
ISBN:
  • 9781009252447 (ebook)
Subject(s): Additional physical formats: Print version: : No titleDDC classification:
  • 345.4/052 23/eng/20220831
LOC classification:
  • KJC9529 .L54 2022
Online resources:
Contents:
Setting the stage : why 'reading' brains raises fundamental legal questions for European human rights law -- Brain-reading technologies : their legally relevant features -- Coercive brain-reading and the prohibition of ill-treatment -- Coercive brain-reading and the right to respect for private life -- Coercive brain-reading and the rights to freedom of thought and to freedom of expression -- Coercive brain-reading and the privilege against self-incrimination -- Procedural implications of brain-reading in breach of the ECHR : excluding unlawfully obtained evidence? -- Discussion and perspectives : emerging challenges for European human rights law -- Concluding observations.
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.
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eBooks eBooks Central Library Law Available EB0186

Title from publisher's bibliographic system (viewed on 02 Sep 2022).

Setting the stage : why 'reading' brains raises fundamental legal questions for European human rights law -- Brain-reading technologies : their legally relevant features -- Coercive brain-reading and the prohibition of ill-treatment -- Coercive brain-reading and the right to respect for private life -- Coercive brain-reading and the rights to freedom of thought and to freedom of expression -- Coercive brain-reading and the privilege against self-incrimination -- Procedural implications of brain-reading in breach of the ECHR : excluding unlawfully obtained evidence? -- Discussion and perspectives : emerging challenges for European human rights law -- Concluding observations.

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.

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