Keywords
criminal law; neuroscience; neurolaw
Abstract
Part I of this Article reviews the tools currently available to predict antisocial behavior. Part II discusses legal precedent regarding the use of, and challenges to, various prediction methods. Part III introduces recent neuroscience work in this area and reviews two studies that have successfully used neuroimaging techniques to predict recidivism. Part IV discusses some criticisms that are commonly levied against the various prediction methods and highlights the disparity between the attitudes of the scientific and legal communities toward risk assessment generally and neuroscience specifically. Lastly, Part V explains why neuroscience methods will likely continue to help inform and, ideally, improve the tools we use to help assess, understand, and predict human behavior.
Recommended Citation
Lyn M. Gaudet, Jason P. Kerkmans, Nathaniel E. Anderson, and Kent A. Kiehl,
Can Neuroscience Help Predict Future Antisocial Behavior?,
85 Fordham L. Rev. 503
(2016).
Available at: https://ir.lawnet.fordham.edu/flr/vol85/iss2/6