UNDERSTANDING CRIMINAL LAW WITH NEUROSCIENCE RESEARCH METHODOLOGY

AUTHOR – MALVIKA SHREE, STUDENT AT CHRIST UNIVERSITY

BEST CITATION – MALVIKA SHREE, UNDERSTANDING CRIMINAL LAW WITH NEUROSCIENCE RESEARCH METHODOLOGY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 395-406, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The rapid advancement of neuroscience has unveiled unprecedented insights into the neurological underpinnings of human cognition, decision-making, and behavior, with profound implications for the criminal justice system. This interdisciplinary research paper explores the potential contributions of neuroscience to enhancing our understanding of criminal behavior and its integration into various aspects of criminal law. It delves into the neurological basis of criminal actions, examining how brain abnormalities, impaired cognitive processes, and environmental factors can predispose individuals to engage in criminal conduct. The paper also investigates the use of neuroscientific techniques, such as neuroimaging and brain activity mapping, in assessing criminal culpability, diminished capacity, and risk of recidivism. Crucially, it examines the complex ethical and legal considerations surrounding the incorporation of neuroscientific evidence in criminal proceedings, including concerns about misinterpretation, privacy violations, and potential for bias or discrimination. Additionally, the role of neuroscience in informing targeted rehabilitation programs, early intervention strategies, and sentencing decisions is explored. The paper proposes guidelines and recommendations for the responsible and appropriate integration of neuroscientific insights into the criminal justice system, emphasizing the need for stringent standards, robust protocols, comprehensive training, and ethical safeguards. It further discusses emerging technologies, cross-cultural perspectives, and future directions in this rapidly evolving field. Ultimately, the research underscores the paradigm shift neuroscience represents for criminal law, offering opportunities to enhance our understanding of criminal behavior while upholding legal principles of fairness, due process, and individual rights.

Keywords: Neuroscience, Criminal Law, Neurocriminology, Neuroimaging, Criminal Culpability, Rehabilitation, Ethics, Legal Implications, Neurotechnology, Cross-Cultural Perspectives.